Wakilii

Kiweewa v Kasujja (Miscellaneous Application 13 of 2022)

High Court · [2023] UGHC 336 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside ex parte judgment and proceedings arising from High Court Civil Suit No. 36 of 2016
Decision
Application dismissed; ex parte judgment stands; costs to be re-taxed interparty

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 the ex parte judgment. The applicant failed to prove sufficient cause for non-attendance. The power of attorney relied upon was unregistered and therefore lacked legal force under the Registration of Documents Act and Registration of Titles Act. The five days' notice to counsel was sufficient and counsel did not protest the notice. The court set aside the certificate of taxation of costs and ordered the bill be taxed interparty to protect the applicant's right to be heard on costs.

Outcome

Application dismissed; ex parte judgment stands; costs to be re-taxed interparty

Facts

The respondent sued the applicant in Civil Suit No. 36 of 2016 for a declaration of ownership of land comprised in Block 279 Plot 103 at Katolerwa in Bukomansimbi District. The suit was set for hearing on 8th July 2020. The applicant's advocates, M/s Kityo & Co. Advocates, were served with a hearing notice on 3rd July 2020. Neither the applicant nor his advocates appeared on the hearing date. The court granted the respondent's prayer to proceed ex parte and entered judgment in his favour. The applicant then brought this application to set aside the ex parte order, proceedings, and judgment. The applicant claimed he had appointed an attorney, Jjuuko Roman, who was arrested and charged with aggravated defilement and was therefore unable to attend court. The applicant also argued that the five days' notice was insufficient. The power of attorney was executed on 9th September 2019 but was never registered with the Uganda Registration Services Bureau.

Issues

  1. Whether the applicant had sufficient cause for non-attendance at the hearing on 8th July 2020.
  2. Whether the five days' notice given to the applicant's advocates was insufficient.
  3. Whether the ex parte judgment and proceedings should be set aside.

Orders

  • The Application is hereby dismissed with costs.
  • The Certificate of taxation of costs in HCCS No. 36/2016 is hereby set aside.
  • The Bill of costs in HCCS No. 36/2016 shall be re-taxed interparty.

Rules and key headnotes

Civil Procedure — Ex Parte Proceedings — Setting Aside Ex Parte Judgment — Sufficient Cause
An applicant seeking to set aside an ex parte judgment must prove that he and his counsel honestly wanted to attend the hearing and did their best to do so, and that they were prevented by sufficient cause from attending court.
Land & Property — Power of Attorney — Registration Requirement — Registered Land
A power of attorney executed by a proprietor of registered land to appoint an attorney to deal with the land must be registered in accordance with the Registration of Documents Act Cap. 81 and the Registration of Titles Act Cap. 230 s.146(2). An unregistered power of attorney lacks legal force and cannot be relied upon in court proceedings.
Civil Procedure — Notice of Hearing — Sufficiency — Five Days' Notice
Where counsel receives a hearing notice without protest and does not indicate any prior engagement in a superior court, a five days' notice is sufficient notice for purposes of a hearing.
Civil Procedure — Fair Trial — Balancing Fairness and Speedy Adjudication
The constitutional right to a fair hearing under Article 28(1) of the Constitution must be balanced with the requirement for speedy adjudication. Courts cannot condone sloppy or dilatory conduct by litigants in the name of fairness.
Civil Procedure — Taxation of Costs — Right to Be Heard — Ex Parte Taxation
A party has a right to be heard on a bill of costs. Where a bill of costs is taxed ex parte without service of a taxation hearing notice on the affected party, the certificate of taxation must be set aside and the bill re-taxed interparty.

Legislation cited (7)

Cases cited (1)

  • Tereza Beatrice Nalumaga Nyaika v Prince Patrick Olimi Kaboyo (High Court Civil Suit No. DR.MFP 12 of 1990)

Full judgment

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

Kiweewa v Kasujja (Miscellaneous Application 13 of 2022) [2023] UGHC 336 (1 April 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.