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Abim District Local Government and Another v Oryono Johnny Bomex T/A Adams Palace Enterprises (Miscellaneous Application Number 0012 of 2024)

High Court · [2026] UGHC 388 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside Assistant Registrar's orders and for leave to file written statement of defence out of time
Decision
Application dismissed for improper procedure and lack of sufficient cause

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an application to set aside a Registrar's orders must be brought by way of appeal under Order 50 Rule 8 of the Civil Procedure Rules, not as a miscellaneous application under the court's inherent jurisdiction. Where an express procedural rule exists, the inherent jurisdiction under Section 98 of the Civil Procedure Act and Section 14(2)(c) of the Judicature Act cannot be invoked. The application was dismissed with costs for failure to follow the proper procedure and for lack of sufficient cause.

Outcome

Application dismissed for improper procedure and lack of sufficient cause

Facts

The applicants, Abim District Local Government and Orwamuge Town Council, sought to set aside orders made by the Assistant Registrar in Miscellaneous Application No. 9 of 2024 and to obtain leave to file a written statement of defence out of time in Civil Suit No. 1 of 2024. The applicants claimed they were never properly served with summons to file a defence, as the officer who received the summons did not bring it to the attention of the accounting officer. The respondent contended that service was properly effected on 19 March 2024 by a court process server and that the applicants' negligence did not constitute just cause. The applicants brought the application under the court's inherent jurisdiction rather than by way of appeal as required by Order 50 Rule 8 of the Civil Procedure Rules.

Issues

  1. Whether the orders of the Assistant Registrar should be set aside.
  2. Whether the applicants should be granted leave to file a written statement of defence out of time.
  3. What remedies are available to the parties.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Appeals from Registrar's Orders — Proper Procedure
An order of a Registrar may only be challenged by way of appeal under Order 50 Rule 8 of the Civil Procedure Rules, which provides that any person aggrieved by an order of a registrar may appeal to the High Court by motion on notice.
Civil Procedure — Inherent Jurisdiction — Limits on Exercise
The inherent jurisdiction of the High Court under Section 98 of the Civil Procedure Act and Section 14(2)(c) of the Judicature Act can only be exercised where no express law or rule is applicable to the matter in issue. Where an express procedural rule exists, the inherent jurisdiction cannot be invoked to circumvent that rule.

Legislation cited (9)

Cases cited (3)

  • Geoffrey Gatete and Another v William Kyobe (Supreme Court Civil Appeal No. 7 of 2005)
  • Sendege Senyendo and Co Advocates Vs Kampala Capital City Authority
  • Khainza and 4 Others v Mweru Mike Henry (High Court Miscellaneous Application No. 437 of 2023)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Abim District Local Government and Another v Oryono Johnny Bomex T_A Adams Palace Enterprises (Miscellaneous Application Number 0012 of 2024) [2026] UGHC 388 (9 April 2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.