Wakilii

Casements (Africa) Ltd v Seroma Limited (Civil Suit No. 1121 of 2024; Miscellaneous Application No. 773 of 2025)

High Court · [2025] UGCOMMC 199 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside default judgment entered in summary suit for debt recovery
Decision
Default judgment set aside; matter remitted for hearing on merits; counsel ordered to pay costs personally

Observed later treatment

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Holding

The court held that counsel's failure to upload a duly signed application on the ECCMIS system constituted good cause for setting aside the default judgment. A litigant should not be penalised for counsel's negligence where the litigant had instructed counsel and signed the affidavit within time. The court set aside the default judgment and ordered counsel to bear costs personally for grossly negligent conduct.

Outcome

Default judgment set aside; matter remitted for hearing on merits; counsel ordered to pay costs personally

Facts

The respondent filed a summary suit for recovery of UGX 53,944,500. Summons were issued to the applicant to file an application for leave to appear and defend. The applicant's lawyers prepared the application and the applicant signed the supporting affidavit on 30th October 2024, within the prescribed time. However, due to counsel's negligence, the application was never uploaded on the ECCMIS platform. The applicant filed an application for extension of time on 27th November 2024. Despite this pending application, the deputy registrar entered default judgment in favour of the respondent on 13th January 2025. The respondent subsequently filed a bill of costs and commenced execution proceedings.

Issues

  1. Whether the applicant demonstrated good cause for failing to file the application to appear and defend the suit so as to warrant setting aside the default judgment.

Orders

  • The default judgment entered in High Court Civil Suit No. 1121 of 2024 is set aside.
  • Execution of the decree arising from High Court Civil Suit No. 1121 of 2024 is stayed.
  • The taxation hearing in HCT-00-CC-TA-0300-2025 is stayed.
  • The applicant is to file his application for leave to appear and defend the suit by 10th July 2025.
  • The respondent should file his affidavit in reply by 20th July 2025.
  • The applicant should file any rejoinder by 25th July 2025.
  • The applicant should file written submissions by 28th July 2025 and the respondent by 31st July 2025.
  • Any rejoinders by the applicant be filed on 1st August 2025.
  • Ruling shall be on notice.
  • The costs of the application are to be borne by counsel for the applicant personally.

Rules and key headnotes

Civil Procedure — Setting Aside Default Judgment — Good Cause — Counsel's Negligence
A mistake, negligence, oversight or error on the part of counsel should not be visited on the litigant. Such mistake constitutes good cause entitling the trial judge to exercise discretion to set aside a default judgment so that the matter is considered on its merits.
Civil Procedure — Good Cause — Definition and Application
Good cause requires a party to show legally sufficient reason why the court should exercise discretion in their favour. The defendant must furnish an explanation of his default sufficiently full to enable the court to understand how it came about and to assess his conduct and motives. The court should not impute negligence, inaction or lack of bona fides from the explanation.
Civil Procedure — Conduct of Case — Responsibility of Counsel
Once a party instructs counsel, counsel assumes control over the case to conduct it throughout. The party cannot share the conduct of the case with his counsel. A litigant who has instructed counsel cannot be expected to anticipate that counsel will fail to upload documents on the ECCMIS system.
Civil Procedure — Costs — Personal Liability of Counsel
Costs can be awarded against counsel personally when they act improperly, unreasonably, or negligently, and this conduct causes the opposing party to incur unnecessary costs or wastes court time. Where counsel's conduct is grossly negligent, inexplicable, blatant and unjustified, counsel shall be personally liable for costs.

Legislation cited (17)

Cases cited (20)

  • Spencon Services Limited v Onencan Habib (Civil Appeal No. 92 of 2016)
  • Patrick Katto v Dirk Ten Brink (Miscellaneous Application No. 791 of 2023)
  • Parimal V Veema Civil Appeal No. 1467 of 2011
  • Banco Arabe Espanol v Bank of Uganda [1999] 2 EA 22
  • Attorney General v AKPM Lutaaya (Supreme Court Civil Appeal No. 12 of 2007)
  • Godfrey Mageze & Another v Sudhir Ruparelia (Supreme Court Civil Application No. 10 of 2002)
  • Caltex Oil (U) Ltd v Kyobe [1988-90] HCB 141
  • Igamu Joanita v Uganda (Court of Appeal Criminal Application No. 107 of 2013)
  • Arjun Singh v. Mohindra Kumar, AIR 1964 SC 993
  • Madanlal v. Shyamlal, AIR 2002 SC 100
  • Ram Nath Sao @ Ram Nath Sahu & Ors. Gobardhan Sao & Ors., AIR 2002 SC 1201
  • Revici v Prentice Hall [1969] 1 All ER 772
  • Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537
  • Chetty NO and Others V Kingsmead Office Park Owners Association NPC (rf) (KZN/DBN/RC 3171/2021 [2023] ZAKZNRD 5 (9 February 2023)
  • Silber v Ozen Wholesalers, (1954 (2) SA 345 (A) at 352H-353A)
  • Cairn's Executors V Gaarn, 1912 A.D. 181
  • Yowasi Kabiguruka v Samuel Byarufu (Civil Appeal No. 18 of 2008)
  • Hajati Safina Nabai v Yafesi Lule (Civil Appeal No. 9 of 1978)
  • Busingye & Anor v Gianluigi & Anor [2014] UGCommC 66
  • Syed Suhail bin Syed Zin and others v Attorney-General [2021] SGHC 270

Full judgment

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

Casements (Africa) Ltd v Seroma Limited (Civil Suit No. 1121 of 2024; Miscellaneous Application No. 773 of 2025) [2025] UGCommC 199 (30 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.