Wakilii

Agnes Twesigye v Stella Nkinzi and Others (Miscellaneous Application 3890 of 2023)

High Court · [2025] UGHCLD 284 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside consent judgment arising from civil suit for breach of contract and specific performance
Decision
Application dismissed with costs against the applicants and their counsel

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An application to set aside a consent judgment was dismissed where the supporting affidavit contained multiple falsehoods. The court found that the applicants and their counsel were present when the consent was endorsed and did not object, that the counterclaim was withdrawn on the applicants' own volition, and that after severing the false paragraphs the remaining content could not sustain the application. The affidavit was held incurably defective, causing the application to collapse.

Outcome

Application dismissed with costs against the applicants and their counsel

Facts

The plaintiff instituted HCCS No. 322 of 2016 against five defendants for breach of contract, specific performance, and a declaration of ownership over land in Kyadondo Block 220 Plot 1439. The 1st, 2nd, and 3rd defendants filed a counterclaim alleging fraudulent execution of the sale agreement. On 24 October 2023, the plaintiff and 4th defendant reached a consent settlement which was endorsed by court in the presence of counsel for the 1st, 2nd, and 3rd defendants and the defendants themselves. The suit against the 5th defendant was withdrawn without costs. On 25 October 2023, counsel for the 1st, 2nd, and 3rd defendants withdrew the counterclaim under Order 25 Rule 1 without costs, stating that his clients did not wish to proceed. The suit against the 1st, 2nd, and 3rd defendants was then withdrawn. Subsequently, the same counsel filed an application on behalf of the 1st, 2nd, and 3rd defendants seeking to set aside the consent judgment, alleging fraud, collusion, and that the consent was entered without their participation.

Issues

  1. Whether the application is properly before court?
  2. Whether the application should be granted?

Orders

  • Application dismissed.
  • Costs payable by the 1st, 2nd, and 3rd Defendants/Applicants and their Counsel.

Rules and key headnotes

Civil Procedure — Affidavits — Falsehoods — Severance of Offending Paragraphs — Collapse of Application
Where an affidavit in support of an application contains multiple falsehoods and the offending paragraphs are severed, if the remaining paragraphs are incapable of sustaining the application, the affidavit collapses and the application must be dismissed.
Civil Procedure — Consent Judgments — Setting Aside — Presence and Participation of Parties
A party who was present when a consent judgment was endorsed by court, was given an opportunity to participate, and did not object to the terms cannot subsequently allege fraud or ignorance of material facts as grounds to set aside the consent.
Civil Procedure — Withdrawal of Counterclaim — Voluntary Act — Allegation of Inducement
Where counsel for a party personally prays to withdraw a counterclaim on the ground that his clients do not wish to proceed, and the withdrawal is granted, the party cannot later allege that they were induced to abandon their counsel or that there was collusion to defeat the counterclaim.

Legislation cited (12)

Cases cited (3)

  • Male Mabilizi v Attorney General (SC Miscellaneous Application No. 7 of 2018)
  • Besigye Kiiza v Museveni Yoweri Kaguta and Another (Election Petition No. 1 of 2001)
  • Rutuku Francis and 5 Others v Elphas Ndamagye (Court of Appeal Civil Appeal No. 111 of 2017)

Full judgment

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

Agnes_Twesigye_v_Stella_Nkinzi_and_Others_(Miscellaneous_Application_3890_of_2023)_[2025]_UGHCLD_284_(22_July_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.