Wakilii

Karen Kamugira Birungi v Edgar Kakuru Kakwano and Another (Miscellaneous Application 1719 of 2025)

High Court · [2025] UGCOMMC 395 · 2025 Default Judgment Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for default judgment following defendants' failure to defend after earlier default judgment was set aside
Decision
Default judgment entered in favour of the plaintiff with monetary award and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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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 granted default judgment under Order 17 rule 4 of the Civil Procedure Rules where defendants failed to defend the suit despite being served and given multiple opportunities to appear, following the setting aside of an earlier default judgment.

Outcome

Default judgment entered in favour of the plaintiff with monetary award and costs

Facts

The plaintiff filed Civil Suit No. 112 of 2023 against the defendants. A default judgment was initially entered on 24 October 2023. The defendants successfully applied to set aside that default judgment on 29 August 2024 via Miscellaneous Application No. 3102/2023. Following the setting aside, the defendants were given various opportunities to appear and defend the suit. Despite being served with court process multiple times through their advocates Prism Advocates, the defendants failed or refused to take steps to defend themselves. The plaintiff filed witness statements and a trial bundle, served the defendants, but they did not appear for the scheduled hearing.

Issues

  1. Whether the court should enter default judgment against defendants who failed to appear and defend the suit despite being served with court process.

Orders

  • Default judgment granted to the plaintiff.
  • The defendants pay the plaintiff the total sum of Uganda Shillings One Hundred Million Eight Hundred and Fifty Thousand (UGX 100,850,000).
  • The defendants pay the plaintiff costs of the suit.

Rules and key headnotes

Civil Procedure — Default Judgment — Order 17 rule 4 — Exercise of Discretion
Where a defendant has been given multiple opportunities to appear and defend a suit after an earlier default judgment was set aside, but fails or refuses to take steps towards defending despite being served with court process, the court may exercise its discretion under Order 17 rule 4 of the Civil Procedure Rules to enter default judgment.

Legislation cited (1)

Cases cited (1)

  • Kabogoza Herbert Kimbowa vs Kabarungi Jennifer and 2 Others

Full judgment

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

Karen Kamugira Birungi v Edgar Kakuru Kakwano and Another (Miscellaneous Application 1719 of 2025) [2025] UGCommC 395 (27 October 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.