Wakilii

Abubaker Saula v Sserwanga James and Another (Miscellaneous Application No. 84 of 2024)

High Court · [2025] UGHC 1103 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside an ex parte order and restore an earlier consequential order arising from a land dispute
Decision
Application allowed with costs; ex parte order set aside and earlier consequential order restored

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court set aside an ex parte order dated 8 April 2024 and restored a consequential order dated 15 November 2022 directing cancellation of the first respondent's name from a land title. The court found that Miscellaneous Application No. 40 of 2024, which had sought review of the November 2022 order, was filed to mislead the court and constituted an abuse of process because the respondents failed to effect service on the applicant before the application was heard.

Outcome

Application allowed with costs; ex parte order set aside and earlier consequential order restored

Facts

The applicant successfully defended Civil Suit No. 0038 of 2008 in the Chief Magistrate's Court of Mpigi, proving he was the rightful beneficial owner of land comprised in Butambala Block 59 Plot 37 as heir of his late father. Judgment was entered in his favour on 9 September 2011, including a declaration that the first respondent's entry on the certificate of title was illegal and void. The applicant obtained consequential orders on 15 November 2022 directing cancellation of the first respondent's name from the title. The first and second respondents then filed Miscellaneous Application No. 40 of 2024 seeking review of the November 2022 order on grounds they were denied a fair hearing. However, they failed to serve the applicant before that application was heard, and an ex parte order was granted on 8 April 2024. The applicant then brought the instant application to set aside the ex parte order and restore the November 2022 consequential order.

Issues

  1. Whether the ex parte order dated 8 April 2024 should be set aside.
  2. Whether the order dated 15 November 2022 should be restored.
  3. Whether Miscellaneous Application No. 40 of 2024 constituted an abuse of court process.

Orders

  • An ex parte order dated the 8th day of April, 2024 be set aside.
  • An order dated 15th day of November, 2022 vide Miscellaneous Application be restored.
  • Costs are awarded to the applicant.

Rules and key headnotes

Civil Procedure — Service of Process — Requirement to Effect Service Before Hearing
An application for review must be properly served on all affected parties before it is heard, and failure to effect service before hearing constitutes a procedural irregularity warranting setting aside of any order made.
Civil Procedure — Abuse of Process — Filing Application to Mislead Court
Where an application is filed to mislead the court and proper service is not effected on affected parties, such conduct constitutes an abuse of the court process justifying dismissal or setting aside of orders obtained through such process.

Legislation cited (5)

Full judgment

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Abubaker Saula v Sserwanga James and Another (Miscellaneous Application No. 84 of 2024) [2025] UGHC 1103 (2 October 2025)
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.