Uganda Case Law

Casements (Africa) Ltd v Seroma Limited

Casements (Africa) Ltd v Seroma Limited (Civil Suit No. 1121 of 2024; Miscellaneous Application No. 773 of 2025) [2025] UGCommC 199 (30 June 2025)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 1121 of 2024 ; Miscellaneous Application No. 773 of 2025

Judge

Susan Odongo, J

The court set aside a default judgment, stayed execution, and found good cause where counsel failed to upload the defence application on ECCMIS despite the client’s instructions.

• Setting Aside Default Judgment
• Service Of Summons On Corporation
• Extension Of Time To Defend
• Counsel Negligence
• Costs Awarded Against Counsel
• Default-judgment

Mubiru v P&A Credit Investments Limited

Mubiru v P&A Credit Investments Limited (Miscellaneous Application 746 of 2025) [2025] UGCommC 59 (15 April 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 746 of 2025

Judge

Dr. Ginamia Melody Ngwatu, J

The High Court refused to set aside a default judgment, holding that the applicant had not shown good cause and had failed to act diligently after service.

• Setting Aside Default Judgment
• Mistake Of Counsel
• Leave To Defend
• Loan Agreements
• Summary Suits
• Setting-aside-default-judgment

James Mwangushya Driers v Centenary Rural Development Bank Ltd

James Mwangushya Driers v Centenary Rural Development Bank Ltd (Miscellaneous Application No. 1802 of 2024) [2025] UGCommC 139 (31 March 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 1802 of 2024

Judge

Ocaya, J

The court found that the applicant failed to serve the application within the prescribed 21 days and did not seek an extension of time, rendering the application fatally defective and liable to dismissal. The applicant did not file an affidavit in rejoinder to contest the respondent's evidence regarding late service, and the law presumes uncontroverted evidence as admitted. On the merits, the court held that the applicant was effectively served with summons via WhatsApp, as evidenced by the process server's affidavit and supporting documentation, and thus had sufficient knowledge of the suit.…

Source excerpt

• Setting Aside Default Judgment
• Electronic Service Of Process
• Leave To Appear And Defend
• Loan Default
• Mortgage Foreclosure

Sembatya Ibrahim v Daniel Walugembe

Sembatya Ibrahim v Daniel Walugembe (Miscellaneous Application No. 2038 of 2024) [2025] UGCommC 158 (28 March 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 2038 of 2024

Judge

Ocaya, J

The court found that the applicant was effectively served with summons both through his receptionist at his place of business and electronically via WhatsApp to the number he provided in the underlying agreement. The applicant's own admission that he learned of the suit and engaged lawyers to file a defense demonstrated that service achieved its intended purpose. The court held that the applicant's denial of service was unconvincing, as the evidence showed the WhatsApp number used for service matched the one in the agreement. The court further recognized the validity of electronic service und…

Source excerpt

• Setting Aside Default Judgment
• Service Of Process
• Electronic Service
• Affidavit Of Service

Ssembatya v Walugembe

Ssembatya v Walugembe (Miscellaneous Application 2038 of 2024) [2025] UGCommC 33 (28 March 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2038 of 2024

Judge

Ocaya, J

The High Court of Uganda dismissed an application to set aside a default judgment, finding the applicant had been effectively served, including by WhatsApp.

• Setting Aside Default Judgment
• Service Of Process
• Electronic Service
• Affidavit Of Service
• Setting-aside-default-judgment
• Service-of-process

John Materane Kabalega v John Bosco Ssenyonga

John Materane Kabalega v John Bosco Ssenyonga (Miscellaneous Application 2643 of 2024) [2025] UGCommC 146 (4 March 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2643 of 2024

Judge

Tumusiime Rubagumya, J

The High Court set aside a default judgment in a summary suit and granted conditional leave to defend, finding financial hardship and triable issues on supply and debt.

• Setting Aside Default Judgment
• Leave To Appear And Defend
• Summary Procedure
• Triable Issues
• Conditional Leave
• Cheque Dishonour

Asiimwe v Moil (U) Limited

Asiimwe v Moil (U) Limited (Miscellaneous Application 577 of 2024) [2025] UGCommC 32 (31 January 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 577 of 2024

Judge

Ocaya, J

The court dismissed an application to set aside a default judgment, finding effective service by WhatsApp and email, no good cause, and non-compliance with a stay order.

• Setting Aside Default Judgment
• Summary Procedure
• Service Of Process
• Leave To Appear And Defend
• Setting-aside-default-judgment
• Service-of-process

Attorney General v Kikwanzi

Attorney General v Kikwanzi (Miscellaneous Application 750 of 2024) [2025] UGHCCD 9 (27 January 2025)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 750 of 2024

Judge

Douglas Karekona Singiza, J

The court found that the application was not barred by res judicata because the appellate proceedings addressed procedural matters, not the merits of the dispute. The ex parte judgment was set aside on two main grounds: mistake of counsel, as the Attorney-General's non-appearance was due to professional negligence rather than intentional default, and irregularity, since the mandatory procedure under rule 6 of the Government Proceedings (Civil Procedure) Rules was not followed—no leave was sought or granted before entering default judgment against the government. The court emphasized that stat…

Source excerpt

• Ex Parte Judgment
• Setting Aside Default Judgment
• Mistake Of Counsel
• Government Proceedings
• Res Judicata
• Fair Hearing

Kantinti v Ramba

Kantinti v Ramba (Miscellaneous Application 2737 of 2024) [2025] UGHCLD 15 (21 January 2025)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2737 of 2024

Judge

Naluzze Aisha Batala, J

The High Court set aside a default judgment for ineffective service, but only on condition that the applicant deposits the decretal sum within one month.

• Setting Aside Default Judgment
• Service Of Summons
• Conditional Leave To Defend
• Land Sale Disputes
• Setting-aside-default-judgment
• Service-of-summons

Akibawe v Mango Fund Inc

Akibawe v Mango Fund Inc (Miscellaneous Application 1093 of 2024) [2024] UGCommC 370 (26 November 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1093 of 2024

Judge

Tumusiime Rubagumya, J

The court set aside a default judgment after finding that summons had not been effectively served on the applicant, despite WhatsApp communications.

• Setting Aside Default Judgment
• Service Of Process
• Electronic Service
• Affidavit Of Service
• Leave To File Defence Out Of Time
• Setting-aside-default-judgment