Wakilii

International Medical Link (IML) Uganda Limited v Registered Trustees of Mengo (Miscellaneous Application No. 2567 of 2025)

High Court · [2026] UGCOMMC 148 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside ex parte judgment arising from Civil Suit No. 615 of 2022
Decision
Application dismissed; ex parte judgment in Civil Suit No. 615 of 2022 stands

Observed later treatment

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Holding

The court dismissed an application to set aside an ex parte judgment where the applicant company was served at all stages of proceedings through its directors, company secretary, and former lawyers. Service on a company director or principal officer under Order 5 Rule 3 of the Civil Procedure Rules constitutes effective service. The company secretary was linked to ECCMIS and received all notifications. The applicant waived its right to be heard by repeatedly failing to appear despite multiple opportunities, including at the hearing of the application itself where counsel holding brief declined to make submissions.

Outcome

Application dismissed; ex parte judgment in Civil Suit No. 615 of 2022 stands

Facts

The applicant company sought to set aside an ex parte judgment entered in Civil Suit No. 615 of 2022. The respondent had initiated the suit in 2022 and served the applicant company throughout the three-year proceedings. Service was effected on the company directors (2nd to 4th applicants), the company secretary who was also the company lawyer (Bernard Ainamaani), and the applicant's former lawyers (Blair & Co. Advocates). The respondent produced multiple affidavits of service showing service at various stages: summons and plaint (1 August 2022), joint scheduling notices (12 December 2022), hearing notices (17 June 2024, 5 March 2024), taxation notices (4 July 2025), and notices of motion to pierce the corporate veil (6 September 2025). The company secretary was linked to the court's electronic case management system (ECCMIS). At the hearing of the application, the applicant's counsel holding brief declined to make oral submissions and requested to file written submissions instead, despite the court's direction that an ex tempore ruling would be delivered.

Issues

  1. Whether there was effective service of court process on the applicant company throughout the proceedings.
  2. Whether the applicant demonstrated sufficient cause to set aside the ex parte judgment.
  3. Whether an advocate holding brief who declines to make oral submissions waives the client's right to be heard.

Orders

  • Application to set aside the ex parte judgment in Civil Suit No. 615 of 2022 dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Service of Process — Service on Companies — Effective Service under Order 5 Rule 3
Under Order 5 Rule 3 of the Civil Procedure Rules, service on a company director, company secretary, or any principal officer of a corporation constitutes effective service on the company.
Setting Aside Ex Parte Judgments — Requirement to Show Sufficient Cause
An applicant seeking to set aside an ex parte judgment must demonstrate that there was no effective service and that there is sufficient cause warranting the court's intervention. Where the record shows effective service at all stages and the applicant repeatedly chose not to appear, the application will be dismissed.
Advocates Holding Brief — Authority to Proceed
Under Direction 8 of the Constitution (Adjournments for Courts of Judicature) (Practice) Directions, an advocate holding brief for another advocate is ordinarily expected to have instructions to proceed in the matter and is presumed to be fully clothed with authority. Where counsel holding brief declines to make submissions, the client waives the right to be heard.
Electronic Case Management — ECCMIS Notifications
Where a company secretary or other representative is linked to the Electronic Court Case Management Information System (ECCMIS), all court notifications are received electronically and the party is deemed to be aware of upcoming court sittings.

Legislation cited (2)

Full judgment

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International Medical Link (IML) Uganda Limited v Registered Trustees of Mengo (Miscellaneous Application No. 2567 of 2025) [2026] UGCommC 148 (27 March 2026)
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.