Wakilii

Busoga Agricultural & Vocational Institute (U) Ltd v Kigozi Muhammad and Another (Miscellaneous Application 458 of 2025)

High Court · [2026] UGHC 72 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appear and defend in summary suit for debt recovery
Decision
Default judgment entered for plaintiff; defendant to pay liquidated sum with interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a defendant applies for leave to appear and defend a summary suit but fails to appear at the hearing without explanation, the court is entitled under Order 36 rule 3(2) of the Civil Procedure Rules to enter default judgment for the plaintiff for the amount claimed plus interest and costs.

Outcome

Default judgment entered for plaintiff; defendant to pay liquidated sum with interest and costs

Facts

The plaintiff filed a summary suit under Order 36 rules 2 and 3 of the Civil Procedure Rules seeking recovery of UGX 93,000,000/=. The defendants filed an application for leave to appear and defend. When the application came up for hearing on 10 February 2026, the applicants/defendants did not appear and were not represented. No reason was provided for their absence. The plaintiff prayed for dismissal of the application under Order 9 rule 22 of the Civil Procedure Rules for want of prosecution and also sought default judgment as prayed in the plaint.

Issues

  1. Whether default judgment should be entered where the defendant failed to appear at the hearing of the application for leave to appear and defend.
  2. Whether the plaintiff is entitled to judgment under Order 36 rule 3(2) of the Civil Procedure Rules.

Orders

  • Default judgment entered for the plaintiff against the defendant.
  • Defendant to pay the plaintiff UGX 93,000,000/=.
  • Interest at 18% per annum on the decretal sum from date of default until judgment.
  • Costs awarded to the plaintiff.

Rules and key headnotes

Civil Procedure — Summary Procedure — Default Judgment — Failure to Appear
Where a defendant in a summary suit applies for leave to appear and defend but fails to appear at the hearing of that application without explanation, the court may enter default judgment for the plaintiff under Order 36 rule 3(2) of the Civil Procedure Rules for the amount claimed together with interest and costs.

Legislation cited (4)

  • Civil Procedure Rules O.36 r.2
  • Civil Procedure Rules O.36 r.3
  • Civil Procedure Rules O.36 r.3(2)
  • Civil Procedure Rules O.9 r.22

Full judgment

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

Busoga Agricultural & Vocational Institute (U) Ltd v Kigozi Muhammad and Another (Miscellaneous Application 458 of 2025) [2026] UGHC 72 (11 February 2
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.