Wakilii

Byaruhanga v Kanyeihamba (Miscellaneous Application No. 465 of 2017)

High Court · [2019] UGCOMMC 24 · 2019 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside default judgment and for enlargement of time to file application for leave to appear and defend arising from summary suit
Decision
Application dismissed for material falsehoods in supporting affidavits

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

An application to set aside default judgment cannot succeed where the supporting affidavits contain deliberate and obvious falsehoods. Both the applicant and his advocate deposed that they were unaware of the date of service, yet their own affidavits showed the applicant informed his advocate of service on 28 October 2016. The court struck off the affidavits and dismissed the application with costs.

Outcome

Application dismissed for material falsehoods in supporting affidavits

Facts

The respondent loaned the applicant UGX 158,000,000 on 5 April 2016 under a memorandum of understanding to facilitate the applicant's business. The applicant failed to service the loan as agreed and requested additional funds of UGX 6,500,000 at 10% monthly interest. When the respondent sought recovery, the applicant terminated the contract but failed to clear the outstanding sum of UGX 239,000,000. The respondent filed summary suit No. 824 of 2016. Summons were served on the applicant on 28 October 2016, requiring an application for leave to appear and defend within 10 days. The applicant informed his advocate on 28 October 2016 but the advocate filed the application on 9 November 2016, two days late. Default judgment was entered on 25 November 2016. The applicant then filed this application to set aside the default judgment, claiming his advocate mistakenly believed service occurred on 31 October 2016.

Issues

  1. Whether the applicant's affidavit in support contained material falsehoods that rendered the application defective.
  2. Whether the default judgment and decree should be set aside.
  3. Whether time should be enlarged for the applicant to file an application for leave to appear and defend.

Orders

  • The affidavits in support of the application are struck off the record.
  • The application is dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Affidavits — Falsehood in Affidavits — Effect on Application
Where affidavits in support of an application contain deliberate and obvious falsehoods, the court will strike them off the record and dismiss the application, as a sworn affidavit is not a document to be treated lightly and falsehoods render it suspect.
Civil Procedure — Setting Aside Default Judgment — Application Supported by False Affidavits
An application to set aside a default judgment must be supported by truthful affidavits; where both the applicant and his advocate depose to material falsehoods regarding the date of service of process, the application cannot stand and will be dismissed.

Cases cited (2)

  • Bitaitana v Kananura [1977] HCB 37
  • Jetha Brothers Ltd v Mbarara Municipal Council & 4 Others (HCMA No. 31 of 2004)

Full judgment

↓ Download PDF

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

Byaruhanga v Kanyeihamba (Miscellaneous Application No. 465 of 2017) [2019] UGCommC 24 (3 September 2019)
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.