Wakilii

Kampala Stocks Supermarket Limited v Orion Food Company Limited [2023] UGHC 556

High Court · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside exparte judgment and stay execution proceedings arising from Miscellaneous Cause No. 33 of 2020
Decision
Application to set aside exparte judgment and stay execution dismissed

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 exparte judgment where the applicant failed to follow up on their case after instructing counsel. The applicant's own negligence in not monitoring the progress of the case, combined with an 11-month delay in applying to set aside the judgment after it was delivered, constituted a failure to demonstrate just cause under Order 9 rule 12 of the Civil Procedure Rules. The principle that counsel's negligence should not be visited upon an innocent litigant does not apply where the litigant is also negligent.

Outcome

Application to set aside exparte judgment and stay execution dismissed

Facts

Orion Food Company Limited obtained an exparte judgment against Kampala Stocks Supermarket Limited in Miscellaneous Cause No. 33 of 2020 after the applicant's counsel failed to file an affidavit in reply despite being granted leave to do so out of time. The applicant had changed counsel during proceedings. New counsel informed the court on 26 March 2021 that they had just received instructions and were granted time until 31 March 2021 to file their affidavit in reply, but failed to comply. The respondent then proceeded exparte. Judgment was delivered on 5 September 2022. The respondent subsequently applied for execution and a notice to show cause was issued. On 30 August 2023, 11 months after the ruling, the applicant filed applications to set aside the exparte decree and stay execution.

Issues

  1. Whether the application discloses grounds for setting aside the exparte judgment.
  2. Whether an order for stay of execution should be issued.

Orders

  • Application dismissed.

Rules and key headnotes

Civil Procedure — Setting Aside Exparte Judgments — Order 9 Rule 12 — Requirement to Demonstrate Just Cause
An exparte judgment may be set aside under Order 9 rule 12 of the Civil Procedure Rules upon demonstrating just cause, which requires the applicant to show both that counsel was negligent and that the applicant themselves was not negligent and took proactive steps to correct the errors of counsel when they first became aware of the default.
Civil Procedure — Negligence of Counsel — Litigant's Duty to Monitor Progress of Case
The principle that negligence of counsel ought not to be visited on an innocent litigant does not apply where the litigant has also been negligent in failing to follow up on the progress of their case with their instructed lawyers, particularly where the litigant had notice of earlier defaults by previous counsel.
Civil Procedure — Delay in Application to Set Aside — Effect on Just Cause
A delay of 11 months between the delivery of an exparte ruling and the filing of an application to set aside that ruling, without justifiable explanation, demonstrates negligence and indolence on the part of the applicant and negates a finding of just cause for setting aside the judgment.

Legislation cited (6)

Cases cited (6)

  • Serefaco Consultants Limited v Euro Consults and Arcadis Euro Consult (Court of Appeal Civil Application No. 16 of 2007)
  • H.G. Gandesha and Kampala Estates Ltd v G.J. Lutaya (Supreme Court Civil Application No. 14 of 1989)
  • Zam Nalumansi v Sulaiman Lule (Supreme Court Civil Application No. 2 of 1992)
  • Mary Kyamulabi v Ahmed Zirondemu (Court of Appeal Civil Application No. 41 of 1979)
  • Andrew Bamanya v Sham Sherali Zaver (Court of Appeal Civil Application No. 70 of 2001)
  • Okech Verkam v Centenary Rural Development Bank (High Court Civil Application No. 93 of 2019)

Full judgment

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

Kampala Stocks Supermarket Limited v Orion Food Company Limited 2023 UGHC 556 (23 November 2023)
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.