Wakilii

Fresh Cuts (U) Ltd v Padma Nikhil Rohan Africa (PNR) Ltd (Miscellaneous Application No. 0545 of 2024)

High Court · [2025] UGCOMMC 101 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside ex parte judgment and execution proceedings arising from Civil Suit No. 1104 of 2022
Decision
Application dismissed; ex parte judgment in Civil Suit No. 1104 of 2022 stands; execution proceedings to continue

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application to set aside an ex parte judgment. The applicant failed to demonstrate sufficient cause for non-appearance at the hearing of their earlier application for leave to defend. Mere assertion that former counsel misinformed them was insufficient without evidence of diligence by the applicant. The applicant did not show what steps they took to prosecute their application or follow up with counsel. Mistake of counsel may constitute sufficient cause only where the client demonstrates diligence.

Outcome

Application dismissed; ex parte judgment in Civil Suit No. 1104 of 2022 stands; execution proceedings to continue

Facts

The respondent filed Civil Suit No. 1104 of 2022 under Order 36 rule 2 for recovery of UGX 71,252,700 for agricultural products supplied to the applicant. The applicant had issued 15 post-dated cheques which were all dishonoured due to insufficient funds. The applicant filed Miscellaneous Application No. 0112 of 2023 for leave to appear and defend the summary suit. The application was dismissed for non-appearance of the applicant and their counsel on the hearing date. The respondent's claim proceeded to formal proof and judgment was entered in the respondent's favour. Execution proceedings commenced and a garnishee nisi was served on the applicant's bank account in March 2025. The applicant then instructed new counsel and filed this application to set aside the ex parte judgment, alleging that their former counsel had misinformed them about the status of the earlier application.

Issues

  1. Whether the applicant has sufficient grounds for setting aside the ex parte judgment entered in Civil Suit No. 1104 of 2022.
  2. Whether the execution proceedings arising from the judgment should be stayed.
  3. Whether the applicant should be granted unconditional leave to appear and defend Civil Suit No. 1104 of 2022.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.
  • Execution proceedings arising from the judgment in Civil Suit No. 1104 of 2022 to continue.
  • Application for unconditional leave to appear and defend Civil Suit No. 1104 of 2022 refused.

Rules and key headnotes

Civil Procedure — Setting Aside Ex Parte Judgment — Sufficient Cause — Burden on Applicant
An applicant seeking to set aside an ex parte judgment under Order 9 rule 27 of the Civil Procedure Rules must satisfy the court that they were prevented by sufficient cause from appearing when the suit was called for hearing. The applicant bears the burden of demonstrating good or substantial reasons to justify setting aside the judgment.
Civil Procedure — Mistake of Counsel — Requirement to Demonstrate Client Diligence
While mistake by an advocate, although negligent, may be accepted as sufficient cause to set aside an ex parte judgment, the applicant must demonstrate that they were a diligent litigant who was let down by counsel. The applicant must show what steps they took to prosecute their case and follow up with counsel. Mere assertion of misinformation by former counsel is insufficient without evidence of the applicant's own diligence.
Civil Procedure — Right to Fair Hearing — Limits Where Party Fails to Prosecute Application
The constitutional right to a fair hearing under Articles 28 and 44(c) of the Constitution is respected when a party is availed an opportunity to file and prosecute an application. Failure by counsel to appear on a scheduled hearing date cannot be imputed as the court's failure to protect the right to be heard where the shortcomings in the trial process emanated from the applicant's side.

Legislation cited (10)

Cases cited (11)

  • Tiberio Okeny and Another v Attorney General and Others (Civil Appeal No. 51 of 2021)
  • Mbogo and Another v Shah [1968] EA 93
  • Patel v EA Cargo Handling Services Ltd [1974] EA 75
  • Amos Ocan v Oyee Wilson (High Court Civil Appeal No. 51 of 2016)
  • Mubiru v P&A Credit Investment Limited (High Court Miscellaneous Application No. 746 of 2025)
  • Ntambara v Segawole (High Court Miscellaneous Application No. 1082 of 2019)
  • Departed Asians Property Custodian Board v Issa Bukenya (Supreme Court Civil Appeal No. 18 of 1991)
  • Caltex Oil Limited v Kyobe [1988-90] HCB 141
  • Florence Nabatanzi v Naome Binsobedde (Supreme Court Civil Application No. 6 of 1987)
  • Nicholas Roussos v Gulamu Hussein Habib Virani and Others (Supreme Court Civil Appeal No. 9 of 1993)
  • Banco Arabe Espanol v Bank of Uganda (Supreme Court Civil Appeal No. 8 of 1998)

Full judgment

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

Fresh Cuts (U) Ltd v Padma Nikhil Rohan Africa (PNR) Ltd (Miscellaneous Application No. 0545 of 2024) [2025] UGCommC 101 (19 May 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.