Wakilii

Baliruno John v Canaansites Ltd (Miscellaneous Application No. 897 of 2024)

High Court · [2025] UGHCCD 67 · 2025 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside ex parte order in underlying civil suit
Decision
Ex parte order set aside conditionally; matter to proceed to hearing on 21 August 2025 subject to payment of costs

Observed later treatment

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Holding

Court set aside an ex parte order on conditions where the applicant failed to demonstrate sufficient cause through evidence of illness or non-service, but the court could not access the record explaining the grant of the ex parte order. The applicant was required to pay outstanding costs and witness transportation costs before the hearing date as conditions for lifting the ex parte order.

Outcome

Ex parte order set aside conditionally; matter to proceed to hearing on 21 August 2025 subject to payment of costs

Facts

The applicant, 2nd defendant in HCCS No. 305 of 2016 filed in 2016, sought to set aside an ex parte order issued on 27 May 2024. The applicant had repeatedly failed to attend court hearings. On 14 December 2023, the applicant was condemned to costs for failing to appear to cross-examine the respondent's first witness, with costs to be paid before the next hearing. These costs remained unpaid. The applicant claimed his non-attendance was due to illness and non-service of hearing notices but provided no medical evidence. On 27 May 2024, the matter came up for hearing with the plaintiff's lawyer and director present, but the 2nd defendant was absent though his lawyer attended. The court could not access the portion of the record explaining the antecedents leading to the grant of the ex parte order.

Issues

  1. Whether the applicant is entitled to a grant of the orders and reliefs sought to set aside the ex parte order.

Orders

  • The hearing of HCCS No. 305 of 2016 shall be on the 21st of August 2025 at 9:00 am.
  • The applicant shall pay the costs as ordered by court on the 14th December 2023.
  • The applicant shall pay additional costs for the day to enable the respondent's witness travel for cross examination.
  • The above costs shall be paid before the hearing, which is slated for the 21st of August 2025.
  • All parties in HCCS No. 305 of 2016 are required to produce all their witnesses on the 21st of August 2025.
  • The order to proceed ex parte shall be lifted subject to fulfilment of the conditions in 2, 3 and 4 above.
  • Costs of this application shall be in the cause.

Rules and key headnotes

Civil Procedure — Ex Parte Orders — Setting Aside — Sufficient Cause
A court may set aside an order to proceed ex parte for sufficient cause or under Section 98 of the Civil Procedure Act using its inherent powers, which must be exercised judiciously.
Civil Procedure — Ex Parte Orders — Setting Aside — Conditions
Where an applicant fails to demonstrate sufficient cause for setting aside an ex parte order but the court cannot access the record explaining the grant of the order, the court may set aside the order conditionally in the interests of justice to allow the applicant to be heard on his defence.

Legislation cited (4)

Full judgment

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Baliruno John v Canaansites Ltd (Miscellaneous Application No. 897 of 2024) [2025] UGHCCD 67 (13 June 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.