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Uganda decisions
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Nandutu Asha and Wamboga Ali v Kamats Investments Credit Services Ltd (Civil Appeal No. 34 of 2022) [2025] UGHC 488 (8 July 2025)
The High Court set aside a default judgment after finding the defence filing defect was counsel’s fault, not the appellants’, and allowed leave to defend.
A.K. Transporters Limited v Mulani Moosa (Miscellaneous Application No. 1175 of 2023) [2025] UGHCCD 94 (1 July 2025)
The application to set aside the ex parte judgment and decree in HCCS No. 38 of 2001 is incompetent because the court proceeded under Order 17 rule 4 of the Civil Procedure Rules, which provides that a judgment rendered in such circumstances is a decree appealable as of right and cannot be set aside by the same court. The applicant failed to comply with court directions to file witness statements and did not provide sufficient justification for non-compliance. The remedy available to the applicant is to appeal the judgment, not to seek its setting aside through a miscellaneous application. Th…
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True African (U) Ltd v Kalangala Infrastructure Services Ltd (Miscellaneous Application No. 361 of 2025) [2025] UGCommC 190 (26 June 2025)
The court found that the applicant was duly served and promptly instructed its former lawyers to file a defence, but the lawyers negligently failed to do so. The court held that the mistake of counsel, even if negligent, should not be visited on a vigilant litigant who took all reasonable steps to defend the suit. The court relied on established case law confirming that sufficient cause exists where a party is let down by its counsel, and that the interests of justice require the substance of the dispute to be investigated. The respondent's request for a conditional grant was rejected as lack…
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Strogen Limited and Others v Vehicle and Equipment Leasing Ltd (Miscellaneous Application No. 348 of 2025) [2025] UGCommC 175 (17 June 2025)
The High Court dismissed an application to set aside a judgment, finding no sufficient cause and holding that the applicants had been dilatory and aware of the proceedings.
Fresh Cuts (U) Ltd v Padma Nikhil Rohan Africa (PNR) Ltd (Miscellaneous Application No. 0545 of 2024) [2025] UGCommC 101 (19 May 2025)
The court found that while the applicant claimed their failure to appear was due to misinformation by former counsel, they failed to provide satisfactory evidence of diligence or the steps taken to prosecute their application. The applicant did not demonstrate sufficient cause to warrant setting aside the ex parte judgment, as required by Order 9 rule 27 of the Civil Procedure Rules and relevant case law. The right to a fair hearing was not violated by the court, as the applicant was given an opportunity to be heard but failed to act diligently. Consequently, the application to set aside the…
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Mugerwa v Muzzha (Miscellaneous Application No. 2156 of 2024) [2025] UGHC 250 (30 April 2025)
The High Court dismissed an application to set aside an ex parte judgment and stay execution after finding the supporting affidavit contained a fundamental falsehood.
Mugenyi and Another v Nasuna (Civil Appeal 40 of 2022) [2025] UGCommC 52 (28 February 2025)
The High Court dismissed an appeal over a judicial sale, holding that the sale could be set aside because the ex parte judgment underpinning execution had been invalidated.
Shapira & Another v Uganda Communications Commission (Miscellaneous Application 309 of 2023) [2025] UGHCCD 46 (26 February 2025)
The High Court set aside an ex parte judgment and decree against two non-resident applicants, finding substituted newspaper service ineffective and allowing defence.
Obeta v Centenary Rural Development Bank Limited (Miscellaneous Application 1832 of 2024) [2024] UGCommC 366 (24 December 2024)
The court held that the applicant failed to demonstrate good cause to set aside the ex parte judgment entered in the summary suit. The Family Division judgment only voided the mortgages, not the underlying loan agreement or the applicant's liability as guarantor. The guarantee is a separate and enforceable obligation, and the respondent is entitled to pursue the guarantor without first proceeding against the principal borrower or mortgaged properties. The applicant's evidence of satisfaction of the judgment debt was unreliable and unsubstantiated. Procedural defects in citing the wrong rule w…
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The Micro Finance Support Centre Limited v Namanyonyi Cooperative Savings & Credit (Miscellaneous Application 50 of 2024) [2024] UGHC 957 (14 October 2024)
The court found that the Applicant was not duly served with summons to file a defense in Civil Suit No. 23 of 2019. The process server failed to ensure that the recipient of the summons was a principal officer and did not obtain a signature, only a stamp, which could not be verified as authentic proof of service. The court held that service on a receptionist does not satisfy the requirements of Order 29 rule 2, which mandates service on a secretary, director, or principal officer. The Applicant was therefore prevented by sufficient cause from filing its defense. The court also found that the…
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