Wakilii

Acam Florence and Others v Agama Richard and Another (Miscellaneous Application No. 30 of 2024)

High Court · [2025] UGHC 846 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside ex parte judgment and decree arising from Civil Suit No. 015 of 2017
Decision
Ex parte judgment set aside; applicants granted leave to defend

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court set aside an ex parte judgment and decree, holding that service of summons was not effectively done upon the applicants and that they had sufficient cause for non-appearance. The court found material contradictions in the affidavit of service regarding personal service on the first applicant and insufficient evidence that summons served through an LC1 Chairperson reached the other applicants. The court further held that the applicants never instructed the advocates who filed a defence on their behalf.

Outcome

Ex parte judgment set aside; applicants granted leave to defend

Facts

The applicants were sued as defendants in Civil Suit No. 015 of 2017. They claimed they were never served with summons to file a defence. A written statement of defence was filed purportedly on their behalf by M/s Isodo & Co. Advocates, but the applicants alleged they never instructed these lawyers. The lawyers had been engaged by the 1st, 2nd and 3rd defendants in the main suit without consulting the applicants. When the matter was called for hearing on 9 March 2022, the applicants did not appear and the court proceeded ex parte. Judgment was delivered on 17 August 2022. The 1st applicant was subsequently arrested in execution and made part payment of UGX 2,000,000 towards the decree and UGX 1,000,000 towards bailiffs' costs. The applicants then filed this application to set aside the ex parte judgment.

Issues

  1. Whether the applicants were prevented by sufficient cause from attending court?

Orders

  • The ex parte judgment and decree in Civil Suit No. 015 of 2017 are set aside.
  • The applicants are granted leave to file a written statement of defence to the suit out of time.
  • The applicants shall file their written statement of defence within 15 days from the date of delivery of this ruling.
  • The costs of this application shall be in the cause.

Rules and key headnotes

Civil Procedure — Service of Process — Effective Service — Test for Effectiveness
Effective service of summons means service that produces the desired or intended result of making the defendant aware of the suit brought against him or her so that he or she has an opportunity to respond to it either by defending the suit or admitting liability and submitting to judgment. Although service on an agent or substituted service would be deemed good service on the defendant, if it is shown that the service did not lead to the defendant becoming aware of the summons, the service would not be effective.
Civil Procedure — Service of Process — Service Through Local Authority — Proof of Receipt
Where summons is served through an LC1 Chairperson, it is not automatic that the summons was in fact received by the intended recipients. Evidence must be adduced showing receipt of the summons by the defendants in order for the service to be said to have been effectively done.
Civil Procedure — Setting Aside Ex Parte Judgment — Sufficient Cause — Test
Sufficient cause for non-appearance depends on the circumstances of each case and must relate to inability or failure to take a particular step in time in a matter. The test to be applied is whether under the circumstances the party applying honestly intended to be present at the hearing and did his best to attend.
Civil Procedure — Part Payment of Judgment Debt — Effect on Right to Challenge Judgment
Part payment of a debt during execution does not per se amount to acknowledgment by the judgment debtor of liability to the judgment creditor. It is fully permissible for a judgment debtor to satisfy a judgment debt or part thereof and then go ahead to challenge the judgment and decree thereby. A judgment debtor would be justified in taking such an approach in order to avoid dire consequences such as suffering civil detention or attachment of valuable property.
Civil Procedure — Affidavits — Falsehoods — Treatment by Court
False parts of an affidavit can be ignored and the rest of the averments considered. Where an alleged falsehood is a matter of fact at the centre of the application and forms part of the merits of the case, it would be premature at a preliminary stage for the court to investigate whether the claim is a falsehood or not, as such would be prejudicial to the consideration of the application on its merits.

Legislation cited (4)

Cases cited (6)

  • Baryaija v Kikwisire and Another (Civil Appeal No. 324 of 2017)
  • Attorney General v James Mark Kamoga and Another (SCCA No. 8 of 2004)
  • Kiiza Besigye v Museveni Yoweri and Electoral Commission (Election Petition No. 1 of 2001)
  • Lukwago Jimmy v Talenga Patrick (Civil Miscellaneous Application No. 64 of 2019)
  • Geoffrey Gatete and Another v William Kyobe (Civil Appeal No. 7 of 2005)
  • Nakiride v Hotel International Ltd [1987] HCB 85

Full judgment

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

Acam Florence and Others v Agama Richard and Another (Miscellaneous Application No. 30 of 2024) [2025] UGHC 846 (10 September 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.