Wakilii

Joseph Sajjabi Kibuyaga v Kataabu George (HCCS 40 of 2015)

High Court · [2026] UGHCLD 169 · 2026 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Summary procedure suit for recovery of money under agreement for sale of land; judgment entered in default of compliance with conditions for leave to defend
Decision
Judgment entered in default; defendant ordered to pay UGX 120 million with interest and costs

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

The court entered judgment in default against the defendant for failure to comply with conditions set for leave to defend. The defendant neither paid the required security deposit of UGX 40 million nor filed his defence within the prescribed time. The plaintiff was awarded UGX 120 million arising from an agreement for sale of land, with interest at 16% per annum from the date of the application to set aside, plus costs.

Outcome

Judgment entered in default; defendant ordered to pay UGX 120 million with interest and costs

Facts

The plaintiff sued the defendant under summary procedure for UGX 120 million arising from an alleged agreement for sale of land comprised in Block 124 plot 23 at Mawokota, Namutamada in Mpigi District. Judgment in default was initially granted on March 9, 2015 by the Registrar. Execution proceedings commenced. The defendant applied in November 2025 to set aside the judgment and for leave to defend. The application was granted conditionally on March 23, 2026, requiring the defendant to pay UGX 40 million security deposit within 30 days and file defence within 10 days. By May 7, 2026, the defendant had not complied with either condition and did not appear in court.

Issues

  1. Whether the plaintiff is entitled to judgment in default of the defendant's compliance with conditions for leave to defend.
  2. Whether the defendant's failure to pay the security deposit and file defence warrants entry of judgment under Order 36 Rule 3(2) of the CPR.

Orders

  • Judgment and decree entered against the defendant under Order 17 Rule 4 and Order 36 Rule 3(2) of the CPR.
  • Defendant to pay plaintiff UGX 120,000,000 as money arising under an agreement of sale.
  • Defendant to pay interest on UGX 120,000,000 at 16% per annum from November 5, 2025 until payment in full.
  • Costs of the suit and of HCMA No. 2294 of 2025 awarded to the plaintiff.

Rules and key headnotes

Civil Procedure — Summary Procedure — Default Judgment — Failure to Comply with Conditions for Leave to Defend
Where a defendant obtains conditional leave to defend a summary suit but fails to comply with the conditions imposed by the court, including payment of security deposit and filing of defence, the court is entitled to enter judgment in default under Order 36 Rule 3(2) and Order 17 Rule 4 of the Civil Procedure Rules.
Civil Procedure — Interest — Commencement Date — Application to Set Aside Judgment
Interest on a judgment sum may be ordered to run from the date of filing of an application to set aside an earlier default judgment, rather than from the date of the original claim or the date of the fresh judgment.

Legislation cited (6)

Full judgment

↓ Download PDF

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

Joseph_Sajjabi_Kibuyaga_v_Kataabu_George_(HCCS_40_of_2015)_[2026]_UGHCLD_169_(7_May_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.