Wakilii

ATC Uganda Limited v Nakandi and Another (Miscellaneous Application 199 of 2023)

High Court · [2023] UGHC 123 · 2023 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside ex-parte order and validate written statement of defence filed out of time
Decision
Written statement of defence validated; ex-parte order upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court partially allowed the application. The written statement of defence filed on 15 March 2023 was validated for use in the main suit. The application to set aside the ex-parte order was dismissed. The court found material inconsistencies in the applicant's affidavit regarding service of the summons and plaint, which contradicted the process server's sworn affidavit showing proper service on the applicant's front desk secretary.

Outcome

Written statement of defence validated; ex-parte order upheld

Facts

On 15 February 2023, the respondents instituted Civil Suit No. 24 of 2023 against the applicant in the High Court at Mukono. A process server attended the applicant's offices at Rwenzori Towers and served the summons and plaint on Faith Awori, the front desk secretary, who consulted with the legal department before receiving and stamping the documents. On 28 February 2023, the applicant's senior legal manager was informed by the respondents' lawyer that the suit had been filed and the summons served. The applicant claimed never to have received proper service. On 9 March 2023, the respondents applied to proceed ex-parte. The applicant filed its written statement of defence on 15 March 2023, the same day the ex-parte order was granted. The applicant then applied to set aside the ex-parte order and validate the defence.

Issues

  1. Whether the ex-parte order issued on 15 March 2023 should be set aside.
  2. Whether the written statement of defence filed on 15 March 2023 should be validated.
  3. Whether the applicant was properly served with the summons and plaint.

Orders

  • Application partially allowed.
  • The written statement of defence filed on 15 March 2023 is validated and to be used in the main suit decision.
  • Costs of the application to be provided for by the applicant.
  • The application to set aside the ex-parte order issued on 15 March 2023 is dismissed.
  • Right of appeal explained.

Rules and key headnotes

Civil Procedure — Service of Process — Proof of Service — Effect of Inconsistent Affidavits
Where an applicant's affidavit contains material inconsistencies and contradictions regarding whether summons were served, and these contradict a process server's sworn affidavit showing proper service, the court will not accept the applicant's version that service was improper.
Evidence — Sworn Affidavits — Inconsistencies and Contradictions — Legal Effect
An affidavit containing obvious inconsistencies or falsehoods cannot be treated lightly and naturally becomes suspect. An application supported by a false affidavit is bound to fail because the applicant does not come to court with clean hands.
Civil Procedure — Service of Process — Proper Service on Corporate Defendant
Service of summons and plaint on a company's front desk secretary who consults with the legal department before receiving and stamping the documents constitutes proper service.

Legislation cited (6)

  • Civil Procedure Act s.98
  • Civil Procedure Rules O.52 r.1
  • Civil Procedure Rules O.52 r.3
  • Civil Procedure Rules O.9 r.12
  • Civil Procedure Rules O.7 r.18
  • Civil Procedure Rules O.7 r.19

Cases cited (1)

  • Sirasi Bitaitana v Kananura (1977) HCB

Full judgment

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

ATC Uganda Limited v Nakandi and Another (Miscellaneous Application 199 of 2023) [2023] UGHC 123 (19 October 2023)
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.