Wakilii

Akuta & 3 Ors v Lakony (CIVIL APPEAL No. 0026 OF 2015)

High Court · [2018] UGHCCD 69 · 2018 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Grade One Magistrate's Court challenging dismissal of application to set aside ex-parte judgment
Decision
Appeal dismissed with costs to respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a party was duly served, appeared in court and was given opportunity to file defence, but wilfully absented herself from subsequent hearings without explanation, the trial court properly proceeded ex-parte. A party who voluntarily absents themselves from proceedings cannot claim breach of fair hearing. The trial court's refusal to set aside the ex-parte judgment was upheld.

Outcome

Appeal dismissed with costs to respondent

Facts

The respondent filed suit in the Magistrate's Court. The appellants were served and appeared on 8 July 2014, when they were given fourteen days to file defence. The matter was adjourned to 28 August 2014. The appellants failed to appear on that date without explanation. The trial court proceeded ex-parte and despite service of several subsequent hearing notices, the appellants continued to absent themselves. Ex-parte judgment was entered against them. Their application to set aside the ex-parte judgment was dismissed by the trial court. On appeal to the High Court, the first and second appellants entered consent judgment. Only the third appellant proceeded with the appeal, but neither she nor her counsel appeared at the hearing.

Issues

  1. Whether the trial court properly evaluated the evidence and appreciated the law regarding the appellants' right to be heard.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondent to be borne by the third appellant.

Rules and key headnotes

Civil Procedure — Ex-parte Proceedings — Conditions for Proceeding Ex-parte
Where a court is satisfied that summons or notice of hearing was duly served and the defendant does not appear when the suit is called for hearing, the court may proceed ex-parte under Order 9 rule 20(1)(a) of the Civil Procedure Rules.
Civil Procedure — Fair Hearing — Voluntary Absence from Proceedings
A party who wilfully and voluntarily absents himself or herself from proceedings cannot claim breach of fair hearing where he or she has wilfully absented himself from the hearing or failed to give evidence when called upon to do so.
Civil Procedure — Setting Aside Ex-parte Judgment — Discretion of Court
Where a defendant was given opportunity to file defence out of time, was served with multiple hearing notices, but repeatedly failed to appear without explanation, the trial court acts within its discretion in refusing to set aside an ex-parte judgment and decree.

Legislation cited (2)

Cases cited (2)

  • Father Nanensio Begumisa and three Others v Eric Tiberaga (SCCA 17 of 2000)
  • Attorney-General of Rivers State v. Gregory Obi Ude and 12 others, (1993) 2 NWLR (Pt.278) 638; (1993) 2 SCNJ 47

Full judgment

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

Akuta & 3 Ors Vs Lakony (CIVIL APPEAL No. 0026 OF 2015) [2018] UGHCCD 69 (25 October 2018)
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.