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Commissioner for Land Registration v Ssali & Anor (Miscillenous Application No. 619 of 2015) 2017 UGHCLD 8 (2017-01-31)

High Court · [2017] UGHCLD 8 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside ex parte orders made in earlier proceedings for failure to serve or appear
Decision
Application to set aside ex parte orders dismissed with costs to the Respondents

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application to set aside ex parte orders dismissed. Court found the Commissioner for Land Registration was duly served with hearing notices in earlier proceedings, acknowledged receipt, but failed to file affidavits in reply or appear at hearings. The Applicant did not demonstrate sufficient cause for non-appearance. The application was brought in bad faith and lacked merit.

Outcome

Application to set aside ex parte orders dismissed with costs to the Respondents

Facts

The Commissioner for Land Registration applied to set aside ex parte orders made in HCMC No. 6 of 2011 and HCMA No. 859 of 2012, claiming she was never served with the respective applications and only learned of the orders when the Respondents' lawyers requested registration of their re-entry on land at Kyaggwe Block 295 Plot 2, Njeru. The Respondents opposed, contending that the Commissioner was duly served, acknowledged receipt, and that her officials appeared in the Execution Division. The court record showed the Commissioner's office stamped the hearing notices on 21st February 2011 and in 2012-2014, affidavits of service were filed, yet she filed no affidavits in reply and did not appear at hearings. The Government had established a demonstration farm on the suit land through the Ministry of Agriculture.

Issues

  1. Whether the Applicant was duly served with the applications in HCMC No. 6 of 2011 and HCMA No. 596 of 2012.
  2. Whether the Applicant was prevented by any sufficient cause from appearing in both applications.

Orders

  • Application dismissed.
  • Costs awarded to the Respondents.

Rules and key headnotes

Civil Procedure — Setting Aside Ex Parte Orders — Requirements Under Order 9 Rule 27
An ex parte decree may be set aside only if the applicant satisfies the court that the summons was not duly served or that he or she was prevented by sufficient cause from appearing when the suit was called for hearing.
Civil Procedure — Service of Process — Acknowledgment of Receipt as Proof of Due Service
Where a party's office acknowledges receipt of hearing notices by stamping them and affidavits of service are filed on the court record, such service is effective and the party cannot later claim non-service.
Civil Procedure — Ex Parte Proceedings — Consequence of Failure to File Defence or Appear
Where the time allowed for filing a defence has expired and the defendant has failed to file an affidavit in reply, the plaintiff may set down the suit for hearing ex parte, and the defendant will not be allowed to participate in the proceedings.

Legislation cited (5)

  • Civil Procedure Act s.98
  • Civil Procedure Rules O.9 r.27
  • Civil Procedure Rules O.9 r.11(2)
  • Civil Procedure Rules O.52 r.1
  • Civil Procedure Rules O.52 r.3

Full judgment

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

Commissioner for Land Registration v Ssali & Anor (Miscillenous Application No. 619 of 2015) 2017 UGHCLD 8 (2017-01-31)
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.