Uganda Case Law

Mande Sekiziyivu (Administrator for the estate of late Sajjabi) v Mulindwa

Mande Sekiziyivu (Administrator for the estate of late Sajjabi) v Mulindwa (Miscellaneous Application No. 44 of 2021) [2021] UGHCFD 215 (1 October 2021)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application No. 44 of 2021

Judge

Katamba Nkwanga, J

The High Court granted leave to file a defence out of time after finding the applicant’s illness constituted sufficient cause and the delay was not inordinate.

• Extension Of Time
• Leave To Defend
• Failure To File Defence
• Sufficient Cause
• Procedural Timelines
• Extension-of-time

ABC Impex Africa (U) Ltd v Haruna Enterprises

ABC Impex Africa (U) Ltd v Haruna Enterprises (Civil Suit No. 899 of 2017) [2021] UGCommC 110 (10 February 2021)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 899 of 2017

Judge

Gaswaga, J

The High Court held that the suit should proceed under Order 9 rule 20, not Order 17 rule 4, and dismissed the plaintiff's application while keeping the ex parte order in place.

• Ex Parte Hearing
• Failure To File Defence
• Summary Suit Procedure
• Ex-parte-hearing
• Failure-to-file-defence
• Summary-suit-procedure

Kiddawalime Bakery Ltd & 2 Ors v Unga Millers (U) Ltd

Kiddawalime Bakery Ltd & 2 Ors v Unga Millers (U) Ltd (Miscellaneous Application No. 975 of 2017) [2018] UGCommC 52 (11 August 2018)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 975 of 2017

The court found that the applicants' failure to file a written statement of defence within the prescribed time was due to the negligence of their former lawyers, not their own fault. The court held that such negligence constitutes sufficient cause for extension of time, as established by precedent. The court exercised its discretion under Section 96 of the Civil Procedure Act and Order 51 rule 6 of the Civil Procedure Rules to grant the applicants an extension of 7 days from the date of the ruling to file their defence. The court also determined that costs would be in the cause. The prelimina…

Source excerpt

• Extension Of Time
• Failure To File Defence
• Service Of Summons
• Lawyer Negligence

Kyaligaba v Kaganda (HCT–01–CV–CS–0016 of 2015)

Kyaligaba v Kaganda (HCT–01–CV–CS–0016 of 2015) [2016] UGHCCD 75 (18 October 2016)

Court

HC: Civil Division (Uganda)

Case number

HCT–01–CV–CS–0016 of 2015

Judge

Ojok, J

The High Court entered ex parte judgment for the plaintiff after the defendant failed to file a defence despite service, awarding the unpaid land-sale balance, damages, interest, and costs.

• Liquidated Damages
• Failure To File Defence
• Land Sale Agreement
• Service Of Process
• Failure-to-file-defence
• Service-of-process

Kabitanya Vs Kabitanya & 2 Ors

Kabitanya Vs Kabitanya & 2 Ors (Civil Appeal No. 051 of 2012) [2015] UGHCCD 143 (7 April 2015)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. 051 of 2012

Judge

Namundi, J

The High Court dismissed a civil appeal, holding that the parties had been heard and that review was not the proper remedy for the alleged procedural defect.

• Failure To File Defence
• Review Vs Revision
• Right To Be Heard
• Procedural Irregularity
• Civil-procedure
• Review-vs-revision

Oijuke & Anor v Tayebwa

Oijuke & Anor v Tayebwa (Miscellaneous Application No. 1194 of 2013) [2014] UGHCLD 104 (16 June 2014)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 1194 of 2013

Judge

Luswata, J

The High Court set aside default judgment against the applicants after finding one applicant was ill and the second was not shown to have been served.

• Setting Aside Default Judgment
• Service Of Process
• Liquidated And Unliquidated Claims
• Formal Proof
• Sale Of Land
• Failure To File Defence

Nakilyowa v Attorney General (Misc Application No. 320 of 2013)

Nakilyowa v Attorney General (Misc Application No. 320 of 2013) [2014] UGHCCD 42 (20 March 2014)

Court

HC: Civil Division (Uganda)

Case number

Misc Application No. 320 of 2013

The High Court refused default judgment, holding that a pending application to file a defence out of time meant the respondent should not be condemned unheard.

• Default Judgment
• Pension Entitlements
• Failure To File Defence
• Extension Of Time
• Employee Rights
• Default-judgment

Sinnabulya v Sekibaala

Sinnabulya v Sekibaala (Civil Appeal No. 6 of 2005) [2013] UGHCLD 23 (12 March 2013)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal No. 6 of 2005

Judge

Murangira, J

The High Court allowed an appeal and set aside an ex parte decree, finding sufficient cause where an illiterate land occupant had been misled about procedure.

• Setting Aside Exparte Decree
• Customary Tenancy
• Lawful Occupancy
• Failure To File Defence
• Procedural Fairness
• Setting-aside-exparte-decree

Robert Opio and Anor v Edward Kabugo Sentongo (HCT-00-CC-MA 142 of 2008)

Robert Opio and Anor v Edward Kabugo Sentongo (HCT-00-CC-MA 142 of 2008) [2008] UGCommC 44 (21 August 2008)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 142 of 2008

The High Court granted time to file an amended defence, finding sufficient cause based on access difficulties, service issues, and the interests of justice.

• Extension Of Time
• Amended Pleadings
• Service Of Process
• Land Registration
• Failure To File Defence
• Extension-of-time

Devji v Jinabhai (C.A. 6/1934.)

Devji v Jinabhai (C.A. 6/1934.) [1937] EACA 87 (1 January 1937)

Court

East African Court of Appeal

Case number

C.A. 6/1934.

Judge

Lucie-Smith Ag CJ (Kenya), Sheridan CJ

The Court of Appeal held that the trial judge properly exercised his discretion in refusing to enlarge the time for filing a defence, as the appellant had failed to comply with the order despite being aware of it. Once this discretion was exercised, the judge was correct to proceed to hear the plaintiff's evidence and enter judgment without permitting the defendant or his counsel to cross-examine or present rebuttal evidence. The court distinguished the present case from Ross v. Scriven, noting that in this instance, oral evidence was taken in support of the claim, whereas in Ross v. Scriven,…

Source excerpt

• Failure To File Defence
• Judicial Discretion
• Default Judgment
• Cross Examination Rights
• Pleadings And Admissions