Wakilii

Kiwanuka v Sekimuli and Another (Miscellaneous Application No. 2168 of 2021)

High Court · [2023] UGHCLD 80 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside ex parte judgment and decree arising from Civil Suit No. 12 of 2014
Decision
Ex parte judgment set aside; matter transferred to Mukono High Court Circuit for inter partes hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an advocate's negligent failure to communicate a hearing date to a client constitutes sufficient cause under Order 9 rule 27 of the Civil Procedure Rules to set aside an ex parte judgment. The court rejected the applicant's jurisdictional challenge, affirming that the High Court has unlimited original jurisdiction under Article 139(1) of the Constitution regardless of where the subject matter is located. The ex parte judgment was set aside and the matter transferred to Mukono High Court Circuit in the interests of justice.

Outcome

Ex parte judgment set aside; matter transferred to Mukono High Court Circuit for inter partes hearing

Facts

The respondents instituted Civil Suit No. 12 of 2014 against the applicant seeking eviction, damages for trespass, and a permanent injunction. The applicant instructed M/s Bukenya Chemonges & Co. Advocates who filed a defence. Four of the seven original defendants entered into consent judgments with the plaintiffs. On 13 July 2020, almost two years after the last consent was endorsed, the plaintiffs appeared for directions regarding the three remaining defendants. The matter was fixed for hearing on 16 September 2020. The applicant's counsel was served with the hearing notice on 20 July 2020 but failed to communicate the hearing date to the applicant. The court proceeded ex parte and entered judgment on 28 November 2019. The applicant filed this application on 15 November 2021 to set aside the ex parte judgment, alleging his counsel's negligence and challenging the court's territorial jurisdiction.

Issues

  1. Whether there is sufficient cause to set aside the ex parte judgment?

Orders

  • Ex parte judgment and decree of this court in Civil Suit No. 12 of 2014 is set aside.
  • Civil Suit No. 12 of 2014 to be transferred to the Mukono High Court Circuit for hearing interparty.
  • Costs in the cause.

Rules and key headnotes

Civil Procedure — Setting Aside Ex Parte Judgment — Sufficient Cause — Advocate's Negligence
A mistake by an advocate, though negligent, may be accepted as sufficient cause to set aside an ex parte judgment under Order 9 rule 27 of the Civil Procedure Rules where the advocate fails to communicate a hearing date to the client.
Civil Procedure — Affidavit Evidence — Defects — Liberal Approach
Recent developments in the law favour a more liberal approach in handling affidavit evidence, allowing an innocent litigant time under section 14A of the Advocates Act to rectify defects arising from commissioning by an advocate without a valid practicing certificate.
Constitutional Law — High Court Jurisdiction — Territorial Limits
The High Court has unlimited original jurisdiction in all matters under Article 139(1) of the Constitution and section 14 of the Judicature Act, and is not restricted by the territorial location of the subject matter of a suit.

Legislation cited (7)

Cases cited (7)

Full judgment

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

Kiwanuka_v_Sekimuli_and_Another_(Miscellaneous_Application_No._2168_of_2021)_[2023]_UGHCLD_80_(30_March_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.