Wakilii

Hon. Ikojo and Another v Arrow Link (U) Limited (Miscellaneous Application 28 of 2023)

High Court · [2024] UGHC 570 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside ex parte proceedings in ongoing civil suit
Decision
Application dismissed with costs to the respondent

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

Application dismissed. The supporting affidavit was sworn by Apio Pamela who represented herself as counsel for the applicants but was not an enrolled advocate. The Chief Registrar confirmed no advocate by that name existed on the Roll. The affidavit was expunged as defective and illegal. Without supporting evidence, the application could not succeed.

Outcome

Application dismissed with costs to the respondent

Facts

The applicants sought to set aside ex parte proceedings held on 2 March 2023 in Civil Suit No. 16 of 2018. They claimed their counsel mistakenly recorded the hearing date as 3 March instead of 2 March. The supporting affidavit was sworn by Apio Pamela who identified herself as counsel for the applicants. The respondent opposed, stating the applicants had repeatedly missed court dates and caused adjournments. The respondent filed a supplementary affidavit after writing to the Chief Registrar to verify Apio Pamela's status. The Chief Registrar confirmed on 29 May 2023 that no advocate by the name Apio Pamela was enrolled. The respondent argued Apio Pamela had unlawfully held herself out as an advocate in violation of the Advocates Act.

Issues

  1. Whether the application was supported by a valid affidavit sworn by a person with capacity to act as counsel.
  2. Whether the court should set aside ex parte proceedings conducted on 2 March 2023.
  3. Whether the applicants' failure to appear was due to sufficient cause.

Orders

  • The affidavit in support sworn by Apio Pamela is expunged from the record.
  • Miscellaneous Application No. 28 of 2023 is dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Affidavits — Validity — Affidavit Sworn by Unqualified Person
An affidavit sworn by a person who holds herself out as counsel or advocate but is not enrolled on the Roll of Advocates is defective for lack of authority and must be expunged from the record.
Administrative Law — Legal Profession — Unqualified Practice — Pretending to be an Advocate
Under the Advocates Act, only persons enrolled on the Roll may act as advocates. Any person who pretends to be an advocate or takes any name, title or description implying they are qualified to act as an advocate commits an offence.
Civil Procedure — Applications — Withdrawal and Discontinuance — Proper Procedure
An application for withdrawal or discontinuance of a suit or application must be made by summons in chambers under Order 25 rule 7 of the Civil Procedure Rules. A mere letter from counsel suggesting the court abandon proceedings is of no legal effect where the proper procedure has not been followed.

Legislation cited (8)

Full judgment

↓ Download PDF

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

Hon. Ikojo and Another v Arrow Link (U) Limited (Miscellaneous Application 28 of 2023) [2024] UGHC 570 (28 June 2024)
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.