China Railways 18th Bureau Group Company Limited v Businge (Miscellaneous Application 80 of 2024) [2024] UGHC 1126 (11 December 2024)
Court
High Court of Uganda
Case number
Miscellaneous Application 80 of 2024
Judge
Wagona, J
The High Court set aside an interlocutory judgment and allowed the defendant 15 days to file a defence out of time, finding ineffective service and excusable delay.
Worldwide Logistics Limited v Care Freight Services Limited (Miscellaneous Application 1631 of 2022) [2024] UGCommC 7 (29 January 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 1631 of 2022
Judge
Kahigi Asiimwe, J
The court found that it was unclear whether Faith Massa was a principal officer at the time of service, as her designation as country manager was not consistently used. The ambiguity in her role meant that proper service under Order 29 of the Civil Procedure Rules was not established. Additionally, the Applicant raised a dispute regarding the amount owed, indicating the existence of triable issues. In the interest of justice and considering the wide discretion courts have to set aside ex parte judgments, the interlocutory judgment was set aside and the Applicant was granted leave to file a de…
Departed Asians Custodian Board v Kasaija and 245 others (Miscellaneous Application No. 21 of 2022) [2022] UGHCCD 149 (26 August 2022)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application No. 21 of 2022
Judge
Byaruhanga Rugyema, J
The court found that the interlocutory judgment was irregularly entered under O.9 r.8 CPR because the counterclaim was not for pecuniary damages or detention of goods. The proper procedure would have been to proceed as if a defence had been filed and set the matter for hearing ex parte. Although the applicant was grossly negligent in failing to ensure a defence was filed, the interests of justice and the powers vested in the court under S.33 of the Judicature Act warranted setting aside the interlocutory judgment and granting leave to file a defence. The court emphasized that all matters in c…
Bank One Limited v Simbamanyo Estates Limited (Miscellaneous Application No. 645 of 2020) [2021] UGCommC 124 (27 September 2021)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application No. 645 of 2020
Judge
Musa Ssekaana, J
The High Court set aside an interlocutory judgment after finding sufficient cause from Covid-19 disruption, and held the affidavit and jurisdictional challenge were arguable.
Bankone Limited v Simbamanyo Estates Limited (Miscellaneous Application 645 of 2020) [2021] UGCommC 178 (27 September 2021)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 645 of 2020
Judge
Stephen Mubiru, J
The High Court set aside an interlocutory judgment after finding sufficient cause for delay, an arguable jurisdictional challenge, and that the judgment had been entered under the wrong rule.
Pader District Local Government v Okengo Justine & 12 Others [2007] UGHC 38 (31 August 2007)
Court
High Court of Uganda
The High Court set aside an interlocutory judgment against Pader District Local Government after accepting its explanation for failing to file a defence in time.
