Uganda Case Law

Strogen Limited and Others v Vehicle and Equipment Leasing Ltd (Misc. Application No. 353 of 2025)

Strogen Limited and Others v Vehicle and Equipment Leasing Ltd (Misc. Application No. 353 of 2025) [2025] UGCommC 128 (15 May 2025)

Court

Commercial Court of Uganda

Case number

Misc. Application No. 353 of 2025

Judge

Tumusiime Rubagumya, J

The High Court granted a stay of execution pending a motion to set aside an ex parte decree, finding imminent execution, substantial loss, and no unreasonable delay.

• Stay Of Execution
• Ex Parte Judgment
• Setting Aside Decree
• Affidavit Falsehoods
• Substantial Loss
• Security For Due Performance

Matanda v Masibo

Matanda v Masibo (Civil Revision 15 of 2023) [2025] UGHC 9 (17 January 2025)

Court

High Court of Uganda

Case number

Civil Revision 15 of 2023

Judge

Lubega, J

The absence of an affidavit of service on the trial court record rendered it impossible for the court to conclude that the applicant was properly served with summons. The trial magistrate acted with material irregularity by allowing the respondent to proceed ex-parte and entering judgment without proof of service, thereby violating the applicant's right to a fair hearing. The High Court found that the requirements for revision under Section 83(c) of the Civil Procedure Act were satisfied, as the lower court exercised its jurisdiction with material irregularity and injustice. Consequently, the…

Source excerpt

• Ex Parte Judgment
• Service Of Summons
• Revision Jurisdiction
• Fair Hearing
• Setting Aside Decree

Natukunda v Muhaise Bikalemesa

Natukunda v Muhaise Bikalemesa (Miscellaneous Application 256 of 2021) [2024] UGHCLD 278 (9 December 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 256 of 2021

Judge

Alividza, J

The High Court declined to set aside an ex parte land judgment, finding counsel’s non-attendance was excusable but the dispute had already been overtaken by events.

• Ex Parte Judgment
• Setting Aside Decree
• Service Of Process
• Fraud In Land Transactions
• Bonafide Purchaser
• Liability For General Damages

Obulejo v Moyo Cooperative Savings & Credit Society Limited

Obulejo v Moyo Cooperative Savings & Credit Society Limited (Miscellaneous Application 31 of 2021) [2024] UGHC 974 (3 October 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 31 of 2021

Judge

Acellam, J

The application to set aside the default judgment and stay execution fails because the applicant did not demonstrate ineffective service of summons or present a credible triable defence. The affidavits of service filed by the respondent, supported by control copies signed by the applicant, constitute sufficient proof of service. The applicant's assertions regarding non-service and hospitalization are unsupported by evidence. Furthermore, the applicant's claim of a good defence lacks specificity and substantiation, failing to meet the threshold for a triable issue. The court finds that the pre…

Source excerpt

• Summary Suit Procedure
• Default Judgment
• Setting Aside Decree
• Service Of Process
• Triable Defence
• Execution Stay

Muhindo v Kamanyire

Muhindo v Kamanyire (Civil Appeal 30 of 2024) [2024] UGHC 860 (16 September 2024)

Court

High Court of Uganda

Case number

Civil Appeal 30 of 2024

Judge

David S.L. Makumbi, J

The High Court determined that the appeal was misconceived because the appellant sought mutually exclusive remedies: to set aside the ex parte judgment and to challenge the merits of the same judgment in a single appeal. The law and precedent establish that a litigant must elect one remedy—either to appeal the interlocutory decision declining to set aside the ex parte judgment or to appeal the merits of the main suit—but cannot pursue both simultaneously. The appellant's grounds of appeal improperly combined issues from the interlocutory application (service of summons) with substantive groun…

Source excerpt

• Ex Parte Judgment
• Setting Aside Decree
• Service Of Summons
• Res Judicata
• Appeal Rights

Segonga T/A Platinum Associates v Katebalirwe

Segonga T/A Platinum Associates v Katebalirwe (Miscellaneous Application 807 of 2017) [2024] UGHCCD 110 (15 July 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 807 of 2017

Judge

Boniface Wamala, J

The High Court set aside ex parte revision proceedings after finding that the applicant’s non-appearance was excusable because of his advocate’s gross negligence.

• Ex Parte Orders
• Setting Aside Decree
• Mistake Of Counsel
• Sufficient Cause
• Affidavit Defects
• Ex-parte-orders

Kobi v Barasi Investments Limited

Kobi v Barasi Investments Limited (Miscellaneous Application 2986 of 2023) [2024] UGCommC 291 (11 July 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2986 of 2023

Judge

Anna B. Mugenyi, J

The High Court set aside a default judgment after finding summons had not been effectively served on the applicant, and allowed him 14 days to file a defence.

• Default Judgment
• Service Of Summons
• Setting Aside Decree
• Default-judgment
• Service-of-summons
• Setting-aside-decree

Muzaaya v Mayanja (HCT-03-CV-MA 134 of 2023)

Muzaaya v Mayanja (HCT-03-CV-MA 134 of 2023) [2023] UGHC 188 (8 December 2023)

Court

High Court of Uganda

Case number

HCT-03-CV-MA 134 of 2023

Judge

Nabisinde, J

The High Court of Uganda at Jinja set aside an ex parte judgment after finding insufficient proof that the applicant had been duly served with summons.

• Exparte Judgment
• Service Of Process
• Setting Aside Decree
• Execution Of Judgments
• Customary Land
• Right To Fair Hearing

Kampala Stocks Supermarket Limited v Orion Food Company Limited

Kampala Stocks Supermarket Limited v Orion Food Company Limited (Miscellaneous Application 2075 of 2023; Miscellaneous Application 2080 of 2023) [2023] UGCommC 261 (23 November 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2075 of 2023 ; Miscellaneous Application 2080 of 2023

Judge

Anna B. Mugenyi, J

The High Court refused to set aside an ex parte decree, finding the applicant was also negligent in following up its case and had delayed too long.

• Exparte Judgment
• Setting Aside Decree
• Stay Of Execution
• Mistake Of Counsel
• Ex-parte-judgments
• Setting-aside-decree

Kaawa and Another v Mawerere

Kaawa and Another v Mawerere (Civil Miscellaneous Appeal 318 of 2015) [2023] UGHC 63 (30 August 2023)

Court

High Court of Uganda

Case number

Civil Miscellaneous Appeal 318 of 2015

Judge

Nabisinde, J

The High Court dismissed an application to set aside an ex parte appeal judgment, finding the applicants had been served and had delayed unreasonably after execution.

• Exparte Judgment
• Setting Aside Decree
• Service Of Process
• Land Ownership Dispute
• Execution Of Decree
• Ex-parte-judgment