Wakilii

Annet Nabuufu v NCBA Bank Uganda Limited (Miscellaneous Application 1780 of 2025)

High Court · [2026] UGCOMMC 73 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appear and defend a summary suit, with preliminary objection raised on grounds of late filing
Decision
Application dismissed; respondent entitled to enter default judgment in the underlying summary suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application for leave to appear and defend on the ground that it was filed out of time. The applicant filed only an affidavit in support on 8 August 2025, within the ten-day limit, but the actual notice of motion was not filed until 26 September 2025, over a month after the deadline of 11 August 2025. No application for extension of time was made. The respondent was entitled to judgment in default.

Outcome

Application dismissed; respondent entitled to enter default judgment in the underlying summary suit

Facts

NCBA Bank Uganda Limited filed Civil Suit No. 794/2025 by way of summary plaint against Annet Nabuufu and served summons on 31 July 2025. Under Order 36 of the Civil Procedure Rules, the defendant was required to file an application for leave to appear and defend within ten days, meaning by 11 August 2025. On 8 August 2025, the applicant filed an affidavit in support via ECCMIS through Leadman Advocates. The respondent raised a preliminary objection that no competent application had been filed within time. The court examined the ECCMIS digital footprint and found that only an affidavit was filed on 8 August 2025; the actual notice of motion was filed on 26 September 2025 by Tonny Olowo, well outside the ten-day limit. No application for extension of time was made.

Issues

  1. Whether the applicant's application for leave to appear and defend was filed within the mandatory ten-day period prescribed under Order 36 of the Civil Procedure Rules.
  2. Whether the application was competent and entitled to be entertained by the court.

Orders

  • Application for leave to appear and defend dismissed as incompetent.
  • Respondent entitled to judgment in default of an application for leave to defend.

Rules and key headnotes

Civil Procedure — Summary Suits — Leave to Appear and Defend — Time Limits
Under Order 36 rule 3 of the Civil Procedure Rules, a defendant served with summons in a summary suit must file an application for leave to appear and defend within ten days from the date of service, failing which the plaintiff is entitled to judgment in default.
Civil Procedure — Applications — Notice of Motion — Filing Requirements
An application for leave to appear and defend must be made by way of notice of motion in accordance with the Civil Procedure Rules. Filing an affidavit in support without the accompanying notice of motion does not constitute a competent application.
Civil Procedure — Extension of Time — Requirement for Formal Application
Where an application for leave to appear and defend is filed outside the mandatory ten-day period, the applicant must file a formal application for extension of time supported by an affidavit demonstrating sufficient cause or good reason for the delay. Failure to do so renders the late application incompetent.

Legislation cited (6)

Cases cited (2)

  • M.M.K Engineering v Mantrust Uganda Ltd (Miscellaneous Application No. 128 of 2012)
  • Makula Inter global Trade Agency v Bank of Uganda [1985] HCB 65

Full judgment

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

Annet Nabuufu v NCBA Bank Uganda Limited (Miscellaneous Application 1780 of 2025) [2026] UGCommC 73 (9 February 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.