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Uganda Case Law

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Civil Procedure [2022] UGCommC 58

Worldwide Logistics Ltd v Rainbow Logistics Ltd

Worldwide Logistics Ltd v Rainbow Logistics Ltd (Miscellaneous Application No. 759 of 2021) [2022] UGCommC 58 (29 July 2022)

The High Court set aside an ex parte decree, stayed execution, and granted leave to defend after finding ineffective service and a triable issue.

  • Setting Aside Ex Parte Decree
  • Service Of Summons
  • Leave To Defend
  • Summary Procedure
  • Setting-aside-ex-parte-decree
  • Service-of-summons
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Civil Procedure [2015] UGCA 53

Ssozi Vs Post Bank Uganda Limited

Ssozi Vs Post Bank Uganda Limited (Civil Appeal No. 12 of 2010) [2015] UGCA 53 (1 July 2015)

The Court of Appeal held that the claim brought by the respondent included allegations of fraud, which cannot be resolved under summary procedure as provided by Order 36 of the Civil Procedure Rules. Such claims require a full trial with proper pleadings and evidence, not mere affidavit evidence. The trial judge erred in entertaining the claim under summary procedure and entering judgment in favour of the respondent. The plaint was incompetent and should have been struck out. Consequently, the appeal was allowed, the High Court's ruling and orders were set aside, and the plaint was struck out.

  • Summary Procedure
  • Default Judgment
  • Setting Aside Ex Parte Decree
  • Fraud In Contract
  • Competency Of Pleadings
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Civil Procedure [2008] UGCommC 51

B.D.S.Ltd v Imad F. Shteiwi (High Court Miscellaneous Application No. 505 of 2008)

B.D.S.Ltd v Imad F. Shteiwi (High Court Miscellaneous Application No. 505 of 2008) [2008] UGCommC 51 (20 October 2008)

The High Court of Uganda granted conditional leave to defend, requiring B.D.S Limited to deposit USD 55,000 in court within 14 days or face revival of the decree.

  • Setting Aside Ex Parte Decree
  • Stay Of Execution
  • Dishonoured Cheques
  • Leave To Defend
  • Setting-aside-ex-parte-decree
  • Stay-of-execution
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Civil Procedure [1935] EACA 150

El-Shekeley v Abdulla (C.C. 13/1935 (Mombasa).)

El-Shekeley v Abdulla (C.C. 13/1935 (Mombasa).) [1935] EACA 150 (1 January 1935)

The court held that although the plaintiff may set down a suit for hearing ex parte immediately upon the defendant's default in entering appearance, the defendant may enter appearance at any time before judgment is obtained. If the defendant actually appears in court in person or by advocate on the day fixed for ex parte hearing, the plaintiff has no right to proceed ex parte. The local rules (Order 9 r. 17) do not permit ex parte proceedings when both parties are present. The court has discretion to extend time for entering appearance and filing a defence, especially where the defendant's ap…

  • Default Of Appearance
  • Ex Parte Hearing
  • Extension Of Time
  • Entry Of Appearance
  • Setting Aside Ex Parte Decree
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.