Default judgment and setting it aside in Uganda
In brief
If a defendant who has been served fails to file a defence within time, the plaintiff may enter judgment in default under Order 9 of the Civil Procedure Rules. A defendant can apply to set aside a default judgment, and the court may do so on terms where sufficient cause is shown.
1. Governing law
Default judgment is a case-management tool, not a windfall. For liquidated claims judgment may be entered for the sum; for unliquidated claims, interlocutory judgment is entered and damages are assessed. The court retains a discretion to set aside a default judgment, exercised to do justice — whether the defendant has a plausible defence and a reasonable explanation for the default both weigh.
2. Key statutes & rules
- Civil Procedure Rules, Order 9 — consequences of non-appearance / failure to file a defence; entry of default judgment; setting aside.
3. Practical guidance
Confirm valid service and that the defence time has truly expired before entering default judgment.
Distinguish liquidated (final judgment) from unliquidated (interlocutory + assessment) claims.
To set aside: move promptly, explain the default, and show a defence on the merits.
Expect terms (often costs) on a successful set-aside.
This note is a practitioner orientation, not legal advice, and does not create an advocate–client relationship. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule and authority against the current primary source — and the specific facts of your matter — before filing or relying on it.