Wakilii

Kibirige Joseph v Sserunjogi David [2025] UGCOMMC 550

High Court · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside default judgment arising from Civil Suit No. 0532 of 2025
Decision
Default judgment set aside; suit transferred to Wakiso High Court Circuit for hearing inter parties

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a party has filed a written statement of defence within time, paid the requisite filing fees, and uploaded the defence on ECCMIS, failure by the registry to endorse or place the document on record is an administrative lapse not attributable to the litigant. A default judgment entered in such circumstances is irregular and constitutes sufficient cause for setting it aside under Order 9 Rules 12 and 27 of the Civil Procedure Rules. The court set aside the default judgment and ordered the suit to be heard inter parties.

Outcome

Default judgment set aside; suit transferred to Wakiso High Court Circuit for hearing inter parties

Facts

The Respondent instituted Civil Suit No. 0532 of 2025 against the Applicant. On 8th May 2025, the Applicant was served with summons to file a defence. On 23rd May 2025, the Applicant filed a written statement of defence and counterclaim on ECCMIS and paid filing fees of UGX 1,500 for the defence under PRN 2250015033257. The defence was not endorsed by the registry until 12th June 2025, more than two weeks after filing. On 27th June 2025, a default judgment was entered against the Applicant for failure to file a defence. An interlocutory judgment was passed on 27th June 2025 and formal proof judgment was entered on 29th August 2025. The Applicant brought this application to set aside the default judgment, contending that he had filed and paid for the defence within time but it was never endorsed by the court. The underlying suit concerned breach of contract and recovery of money paid for purchase of land in Wakiso District.

Issues

  1. Whether the default judgment in Civil Suit No. 0532 of 2025 should be set aside.
  2. Whether the Applicant complied with the court's directive to file submissions by 7th November 2025.
  3. Whether the Applicant demonstrated sufficient cause for setting aside the default judgment.
  4. Whether the suit should be transferred to the Wakiso High Court circuit.

Orders

  • The default judgment entered on 27th June 2025 and the subsequent decree passed on 29th August 2025 in Civil Suit No. 532 of 2025 are hereby set aside.
  • The Written Statement of Defence filed on 23rd May 2025 is deemed properly filed and admitted to the court record.
  • The purported Counterclaim, having been unpaid for, is hereby struck out.
  • The main suit, Civil Suit No. 0532 of 2025, is hereby transferred to the Wakiso High Court Circuit for hearing inter parties.
  • Costs of this Application shall be in the cause.

Rules and key headnotes

Civil Procedure — Default Judgment — Setting Aside — Administrative Error by Registry
Where a party has filed a written statement of defence within the prescribed time, paid the requisite filing fees, and uploaded the defence on the electronic case management system, failure by the registry to endorse or place the document on record is an administrative lapse not attributable to the litigant and constitutes sufficient cause for setting aside a default judgment under Order 9 Rules 12 and 27 of the Civil Procedure Rules.
Civil Procedure — Default Judgment — Proper Grounds for Entry
A default judgment is only proper where no defence has been filed. Where a written statement of defence has been filed and paid for within time, treating the entire document as unfiled and entering default judgment is irregular.
Civil Procedure — Counterclaim — Filing Fees — Effect of Non-Payment
A counterclaim is a separate action under Order 8 Rule 7 of the Civil Procedure Rules. Non-payment of filing fees for a counterclaim renders the counterclaim incompetent but does not affect the validity of a written statement of defence for which fees have been properly paid.
Civil Procedure — Registry Errors — Effect on Litigant's Rights
Errors or mistakes of court officials have been held to be sufficient grounds for granting relief to a litigant. Where a party has taken all procedural steps and paid requisite fees, administrative lapses by the registry are not attributable to the litigant.

Legislation cited (9)

Cases cited (2)

  • The Registered Trustees of Madi West Nile Diocese v Lucia Eyotaru and others (Miscellaneous Application No. 43 of 2021)
  • Godfrey Magezi & Anor v Sudhir Ruparelia (SCCA No. 10 of 2002)

Full judgment

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

Kibirige Joseph v Sserunjogi David 2025 UGCommC 550 (8 December 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.