Uganda Case Law

Butaleeba v Buuzabalyawo

Butaleeba v Buuzabalyawo (Civil Miscellaneous Application 59 of 2024) [2024] UGHC 690 (23 May 2024)

Court

High Court of Uganda

Case number

Civil Miscellaneous Application 59 of 2024

Judge

Oyuko Anthony Ojok, J

The court found that the applicant failed to prove sufficient cause for his non-appearance on 16th October, 2023. The explanation of mishearing the date was unsupported by any medical evidence or documentation, and the applicant did not take reasonable steps to confirm the hearing date with the court clerk. The reasons advanced regarding counsel's office closure and ill health were not substantiated with adequate details or documentation. The applicant's failure to file required documents and witness statements, despite repeated court directives, demonstrated a lack of vigilance and complianc…

Source excerpt

• Setting Aside Exparte Orders
• Sufficient Cause For Nonappearance
• Dilatory Conduct
• Land Disputes
• Court Attendance
• Procedural Timelines

Mugisha v Bahinyuza

Mugisha v Bahinyuza (Criminal Appeal 30 of 2022) [2024] UGHC 152 (27 March 2024)

Court

High Court of Uganda

Case number

Criminal Appeal 30 of 2022

Judge

Emokor, J

The High Court held that the Chief Magistrate lacked jurisdiction to hear and determine Civil Miscellaneous Application No. 0030 of 2021, which sought to set aside an ex parte order originally issued by a Magistrate Grade One. Order 9 Rule 27 of the Civil Procedure Rules mandates that such applications must be made to the court that passed the decree. The Chief Magistrate's assumption of jurisdiction was illegal and rendered the resulting orders a nullity. The High Court set aside the orders of the Chief Magistrate and directed that the application be returned to the Kisoro Chief Magistrate's…

Source excerpt

• Jurisdiction Of Magistrates
• Setting Aside Exparte Orders
• Specific Performance
• Land Sale Agreements

Kanyonyi v Equity Bank Uganda Limited

Kanyonyi v Equity Bank Uganda Limited (Miscellaneous Application 1762 of 2022) [2023] UGCommC 85 (12 September 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1762 of 2022

Judge

Abinyo, J

The High Court set aside an ex parte vacant possession order after finding the applicant had not been duly served with the motion in the earlier cause.

• Setting Aside Exparte Orders
• Service Of Process
• Mortgage Enforcement
• Credit Facility Disputes
• Setting-aside-exparte-orders
• Service-of-process

Sentamu v Ddumba and 2 Others

Sentamu v Ddumba and 2 Others (Miscellaneous Application 692 of 2022) [2023] UGHCFD 41 (22 March 2023)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 692 of 2022

Judge

Katunguka Kitariisibwa, J

The application for arrest of judgment and for leave to file a reply out of time was rendered moot because judgment in the main suit had already been delivered. The court found that there was no longer a live dispute to resolve, and any orders sought would be incapable of implementation. The principle that courts should not adjudicate academic or hypothetical matters was applied, and the application was dismissed as overtaken by events. The applicant was advised to seek appropriate relief to set aside exparte proceedings, but the present application could not be entertained post-judgment.

Source excerpt

• Setting Aside Exparte Orders
• Leave To Rejoin Proceedings
• Mistake Of Counsel
• Arrest Of Judgment

Sentamu v Ddumba and 2 Others

Sentamu v Ddumba and 2 Others (Miscellaneous Application 692 of 2022) [2023] UGHCFD 83 (22 March 2023)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 692 of 2022

Judge

Katunguka Kitariisibwa, J

The High Court dismissed an application to arrest judgment and set aside an ex parte exclusion order, holding the request had been overtaken by judgment.

• Setting Aside Exparte Orders
• Leave To Rejoin Proceedings
• Mistake Of Counsel
• Arrest Of Judgment
• Mootness
• Ex-parte-orders

Makerere University Business School v Amolo and 19 Others

Makerere University Business School v Amolo and 19 Others (Miscellaneous Application 14 of 2022) [2023] UGIC 116 (16 January 2023)

Court

Industrial Court of Uganda

Case number

Miscellaneous Application 14 of 2022

Judges

Wabwire Musana, J, Namara, Panel Member, Nabirye, Matovu

The Industrial Court set aside an ex parte order after finding counsel’s absence was due to sufficient cause, and directed the labour dispute to proceed on a fixed date.

• Setting Aside Exparte Orders
• Sufficient Cause For Non Appearance
• Mistake Of Counsel
• Right To Fair Hearing
• Setting-aside-exparte-orders
• Sufficient-cause-for-non-appearance

Makerere University Business School v Amolo and 19 Others

Makerere University Business School v Amolo and 19 Others (Miscellaneous Application 14 of 2022) [2023] UGIC 125 (16 January 2023)

Court

Industrial Court of Uganda

Case number

Miscellaneous Application 14 of 2022

Judges

Wabwire Musana, J, Namara, Panel Member, Nabirye, Matovu

The Industrial Court set aside an ex parte order against Makerere University Business School after accepting counsel’s compassionate explanation, but imposed strict case-management directions.

• Setting Aside Exparte Orders
• Sufficient Cause For Nonappearance
• Mistake Of Counsel
• Right To Fair Hearing
• Setting-aside-ex-parte-orders
• Sufficient-cause-nonappearance

Kayanja v Kayanja

Kayanja v Kayanja (Miscellaneous Application 897 of 2022) [2023] UGHCFD 48 (5 January 2023)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 897 of 2022

Judge

Katunguka Kitariisibwa, J

The High Court set aside ex parte divorce proceedings after finding sufficient cause based on counsel’s failure to notify the applicant, and ordered the case to proceed inter partes.

• Setting Aside Exparte Orders
• Divorce Proceedings
• Sufficient Cause For Nonappearance
• Setting-aside-ex-parte-order
• Divorce-proceedings
• Sufficient-cause

Kamwenge District Local Government Council v Kabasa (HCT – CV – MA – NO. 042 OF 2016)

Kamwenge District Local Government Council v Kabasa (HCT – CV – MA – NO. 042 OF 2016) [2017] UGHCCD 127 (20 September 2017)

Court

HC: Civil Division (Uganda)

Case number

HCT – CV – MA – NO. 042 OF 2016

Judge

Ojok, J

The High Court at Fort Portal set aside ex parte garnishee orders after finding the decree and arrears breakdown were extracted without the applicant’s approval.

• Garnishee Proceedings
• Setting Aside Exparte Orders
• Judicial Review
• Interdiction
• Execution Of Decrees
• Garnishee-proceedings

Masembe v The Administrator General & Ors (Misc. Application No. 925 of 2013)

Masembe v The Administrator General & Ors (Misc. Application No. 925 of 2013) [2014] UGHCLD 88 (23 January 2014)

Court

HC: Land Division (Uganda)

Case number

Misc. Application No. 925 of 2013

Judge

Luswata, J

The High Court set aside an ex parte dismissal after finding the applicant had shown a real intention to attend, and reinstated Civil Suit No. 186 of 2006.

• Setting Aside Exparte Orders
• Dismissal Of Suit
• Reinstatement Of Suit
• Absence At Hearing
• Setting-aside-ex-parte-orders
• Dismissal-of-suit