Uganda Case Law

Dr. Charles Ekure v Henry Mwanga and Bank of Baroda

Dr. Charles Ekure v Henry Mwanga and Bank of Baroda (Miscellaneous Application 328 of 2024) [2025] UGHC 510 (24 June 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 328 of 2024

Judge

Joanita Bushara, J

The court found that the applicant was not properly served with summons in the main suit, as the purported service was effected by a process server attached to the plaintiff's law firm rather than a court process server, and was not rebutted by the respondent. Investigations by the inspectorate of courts confirmed lack of due diligence in service. The absence of service deprived the applicant of the opportunity to defend, rendering the default judgment and subsequent garnishee orders a nullity. The applicant demonstrated a plausible defense, denying any contractual relationship and alleging f…

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• Garnishee Orders
• Default Judgment
• Service Of Process
• Setting Aside Judgment
• Bank Customer Rights

Karungi v Kkingo Parents Transporters Co. Ltd

Karungi v Kkingo Parents Transporters Co. Ltd (Miscellaneous Application 12 of 2025) [2025] UGHC 203 (16 April 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 12 of 2025

Judge

Tweyanze, J

The High Court at Masaka dismissed an application to set aside ex parte proceedings, finding the applicant had been duly served and showed no sufficient cause.

• Ex Parte Proceedings
• Service Of Summons
• Setting Aside Judgment
• Civil-procedure
• Ex-parte-proceedings
• Service-of-summons

Byaruhanga Muhamudu v Kyazze Juliet Nalwoga

Byaruhanga Muhamudu v Kyazze Juliet Nalwoga (Miscellaneous Application No. 1042 of 2024) [2025] UGCommC 129 (27 March 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 1042 of 2024

Judge

Tumusiime Rubagumya, J

The court found that service of summons in Civil Suit No. 37 of 2019 was effected on counsel who was not duly instructed or appointed to act for the applicant. As such, there was no proper service on the applicant as required by law. The written statement of defence was filed by counsel without instructions, and there was no evidence that the applicant personally participated in the proceedings. The failure to serve the applicant deprived him of his right to a fair hearing under Article 28 of the Constitution. The court emphasized that substantive justice requires that parties are not shut ou…

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• Ex Parte Judgment
• Service Of Process
• Setting Aside Judgment
• Right To Be Heard
• Vacant Possession
• Advocate Authority

Musinguzi and Another v Yahya

Musinguzi and Another v Yahya (Miscellaneous Application 10 of 2025) [2025] UGCommC 43 (4 March 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 10 of 2025

Judge

Stephen Mubiru, J

The court found that the applicants failed to prove any ground warranting the setting aside of the consent judgment. There was no evidence of misrepresentation by the respondent, as any alleged misadvice came from the applicants' own counsel and not the respondent. The applicants' mistaken belief about the debt was not shown to be known or exploited by the respondent, and any mistake was based on personal opinion rather than a palpable, factual error. Regarding limitation, the court held that part payments made by the applicants, particularly the payment on 2nd December, 2020, restarted the l…

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• Consent Judgment
• Setting Aside Judgment
• Limitation Periods
• Contractual Mistake
• Misrepresentation
• Loan Disputes

Heather & Another v Ddungu

Heather & Another v Ddungu (Miscellaneous Application 2478 of 2024) [2024] UGHCLD 269 (15 November 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2478 of 2024

Judge

Naluzze Aisha Batala, J

The court found that the applicants were prevented by sufficient cause from appearing when the suit was called for hearing, due to lack of service of summons and abandonment by their previous counsel. The respondent did not oppose the application, and the facts in the applicants' affidavits were unchallenged. The applicants demonstrated that they hold a freehold interest in the suit land, which is material to the dispute. The court emphasized the constitutional right to a fair hearing and the need for justice to be both done and seen to be done. Exercising its inherent powers under Section 98…

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• Exparte Orders
• Setting Aside Judgment
• Service Of Summons
• Mistake Of Counsel
• Fair Hearing

Rutetebya v BF Suma Uganda Limited

Rutetebya v BF Suma Uganda Limited (Miscellaneous Application 891 of 2024) [2024] UGCommC 311 (27 September 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 891 of 2024

Judge

Mutesi, J

The High Court set aside an interlocutory judgment against the applicant and allowed her to file a defence out of time, finding that justice required a hearing.

• Setting Aside Judgment
• Leave To File Defence
• Vicarious Liability
• Breach Of Contract
• Setting-aside-judgment
• Leave-to-file-defence

Mugona and Another v Muhereza

Mugona and Another v Muhereza (Miscellaneous Application 19 of 2023; Miscellaneous Application 317 of 2023) [2024] UGHCCD 145 (6 September 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 19 of 2023 ; Miscellaneous Application 317 of 2023

Judge

Musa Ssekaana, J

The High Court dismissed two applications to set aside an ex parte judgment, finding the applicants were duly served and had shown no sufficient cause.

• Ex Parte Judgment
• Service Of Process
• Setting Aside Judgment
• Default Judgment
• Ex-parte-judgment
• Service-of-process

Mugambe v Ssensalire & Another

Mugambe v Ssensalire & Another (Miscellaneous Application 2832 of 2023) [2024] UGHCLD 190 (18 July 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2832 of 2023

Judge

Naluzze Aisha Batala, J

The High Court set aside an ex-parte judgment after finding the applicant was not properly served following transfer of the land suit and acted promptly once aware.

• Ex Parte Judgment
• Service Of Process
• Setting Aside Judgment
• Land Title Cancellation
• Ex-parte-judgment
• Service-of-process

Mukasa v Mukasa

Mukasa v Mukasa (Miscellaneous Application 3232 of 2023) [2024] UGHCLD 98 (3 April 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 3232 of 2023

Judge

Nkonge, J

The High Court declined to set aside an ex parte judgment and refuse stay of taxation, finding the applicant had not shown sufficient cause for non-appearance.

• Ex Parte Judgment
• Setting Aside Judgment
• Service Of Process
• Sufficient Cause
• Stay Of Execution
• Ex-parte-judgment

Entebbe Municipal Council v Basima Consult Limited

Entebbe Municipal Council v Basima Consult Limited (Miscellaneous Application 870 of 2023) [2024] UGCommC 6 (12 January 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 870 of 2023

Judge

Kahigi Asiimwe, J

The High Court held it was functus officio after final judgment in the suit, so it could not set aside the default judgment. The application was dismissed with costs.

• Default Judgment
• Setting Aside Judgment
• Functus Officio
• Affidavit Authority
• Default-judgment
• Setting-aside-judgment