Wakilii

Katende v Victoria Nile Plastics (Miscellaneous Application 142 of 2023)

High Court · [2024] UGHC 232 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside ex-parte order arising from civil suit for recovery of money
Decision
Application dismissed; underlying civil suit to proceed to judgment on ex-parte basis

Observed later treatment

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Holding

Court dismissed application to set aside ex-parte proceedings. Applicant arrived at court at 9:05 am but the suit was called at 9:06 am. Counsel claimed illness but provided no supporting evidence. Court found the conduct of both applicant and counsel dilatory and held that no sufficient cause was shown to warrant setting aside the ex-parte order under Order 9 rule 27 of the Civil Procedure Rules.

Outcome

Application dismissed; underlying civil suit to proceed to judgment on ex-parte basis

Facts

The Respondent filed Civil Suit No. 004 of 2022 against the Applicant for recovery of UGX 70,320,000 being the balance on the value of goods taken. The Applicant filed a defence and counterclaim. The suit was set down for hearing on 19 September 2023 at 9:00 am by consent. On that date, neither the Applicant nor his advocate appeared in court. The Respondent was permitted to proceed ex-parte. The Applicant applied to set aside the ex-parte order, claiming he arrived at 9:05 am due to mechanical failure of his transport and that his advocate was sick. The court record showed the suit was called at 9:06 am. No medical evidence was provided to support counsel's illness claim.

Issues

  1. Whether there is sufficient cause shown by the Applicant to warrant setting aside the order to proceed ex-parte in Civil Suit No. 004 of 2022?

Orders

  • Application dismissed with costs.
  • Civil Suit No. 004 of 2022 set down for judgment.

Rules and key headnotes

Civil Procedure — Setting Aside Ex-Parte Orders — Sufficient Cause
Under Order 9 rule 27 of the Civil Procedure Rules, a defendant may apply to set aside an ex-parte decree if they satisfy the court that they were prevented by sufficient cause from appearing when the suit was called for hearing. Sufficient cause means that which is adequate or enough to answer the purposes intended in the facts and circumstances of the case examined from the viewpoint of a reasonable standard.
Civil Procedure — Setting Aside Ex-Parte Orders — Burden of Proof
An applicant seeking to set aside ex-parte proceedings must furnish credible evidence to support their assertion that they were prevented from appearing by sufficient cause. Mere allegations without supporting evidence will not suffice.
Civil Procedure — Dilatory Conduct — Exercise of Discretion
Where both an applicant and their counsel exhibit dilatory conduct in prosecuting proceedings, the court will not condone such conduct and may refuse to exercise its discretion in their favour when considering an application to set aside ex-parte proceedings.

Legislation cited (6)

Cases cited (1)

  • Bishop Jacinto Kibuuka v The Uganda Catholic Lawyers Society and Another (Miscellaneous Application No. 696 of 2018)

Full judgment

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

Katende v Victoria Nile Plastics (Miscellaneous Application 142 of 2023) [2024] UGHC 232 (21 April 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.