Wakilii

Koboko Municipal Council v Nice & Soft Investments Limited & Another (Miscellaneous Cause 100 of 2022)

High Court · [2024] UGHC 452 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside ex parte default judgment entered in Civil Suit No. 017 of 2020
Decision
Application to set aside ex parte default judgment dismissed; default judgment remains in force

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the application to set aside the ex parte default judgment. The Court held that service of summons on the Applicant's central registry, evidenced by the official stamp acknowledging receipt, constituted effective service. The Applicant failed to demonstrate sufficient cause for not appearing when the suit was called for hearing, having been served with both summons to file defence and hearing notices but showing no interest in defending the suit until after judgment and decree had been entered.

Outcome

Application to set aside ex parte default judgment dismissed; default judgment remains in force

Facts

On 21 September 2020, the Respondents filed Civil Suit No. 017 of 2020 against Koboko Municipal Council for malicious and unlawful breaking into a van and recovery of UGX 3,150,000 lost during the incident. Summons to file defence were issued on 21 September 2020 and served on the Applicant on 28 September 2020, acknowledged by a secretary at the Applicant's registry. The Applicant did not file a written statement of defence. Hearing notices for 20 January 2022 were issued on 23 November 2021 and served on 14 January 2022, also acknowledged by stamp. The Respondents applied for default judgment on 22 March 2021. Default judgment was entered on 15 May 2021, with formal proof on 5 November 2021. On 20 October 2022, a decree was entered awarding UGX 45,000,000 as general damages plus 18% interest and costs. On 1 December 2022, the Applicant filed this application to set aside the default judgment, arguing that service was ineffective because the secretary who received the documents was not named in the affidavit of service and was not the Town Clerk as required by law.

Issues

  1. Whether the Applicant was properly served with Summons to file a Defence in Civil Suit No. 017 of 2020.
  2. Whether the Applicants have shown sufficient cause for setting aside the Default Judgement entered in Civil Suit No. 017 of 2020.

Orders

  • Application dismissed with no orders as to costs.

Rules and key headnotes

Civil Procedure — Service of Process — Service on Local Government Council — Effectiveness of Service on Registry Secretary
Service of court process on a local government council effected on secretaries at the central registry who acknowledge receipt by affixing the official stamp of the council constitutes effective service, notwithstanding that the affidavit of service does not name the specific secretary who received the documents.
Civil Procedure — Service of Process — Affidavit of Service — Defects in Affidavit
The omission to include the name of the person on whom service was effected in an affidavit of service does not necessarily render service defective where the person acknowledges receipt of the service by affixing an official stamp bearing the date and time of receipt.
Civil Procedure — Setting Aside Ex Parte Judgment — Sufficient Cause — Burden of Proof
Under Order 9 Rule 27 of the Civil Procedure Rules, an applicant seeking to set aside an ex parte decree must satisfy the court that the summons was not duly served or that they were prevented by sufficient cause from appearing when the suit was called for hearing. Where service is established and the applicant shows no interest in defending the suit over an extended period, the court will not find sufficient cause.
Administrative Law — Local Government — Service of Process — Mode of Service
Regulation 26(1) of the Local Government Council Regulations read together with Order 5 Rule 10 of the Civil Procedure Rules designate the Town Clerk as the agent of the local government council, and secretaries at the central registry are mandated to receive documents on behalf of the Town Clerk, making service on such secretaries effective service on the council.

Legislation cited (8)

Cases cited (10)

  • Erukana Omuchilo v Ayub Mudiiwa (1966) EA 229
  • Osun Otwani v Bukenya (1976) HCB 62
  • Fort Portal Municipal Council v Globe World Engineering (U) Ltd (Misc. Application No. 046 of 2018)
  • Shabir Din v Ram Parkash Anad (1955) 22 EACA 48
  • Zirabamuzale v Corret [1962] EA 694
  • Patel Vs. Star Mineral Water and Ice Factory Ltd. (196...) EA 454
  • Registered Trustees of the Archdiocese of Dar es Salaam v The Chairman Bunju Village Government and Others
  • Gideon Mosa Onchwati v Kenya Oil Co. Ltd and Another [2017] eKLR
  • Parimal v Veena
  • Bishop Jacinto Kibuuka v The Uganda Catholic Lawyers Society & 2 Others (Misc. 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.

Koboko Municipal Council v Nice & Soft Investments Limited & Another (Miscellaneous Cause 100 of 2022) [2024] UGHC 452 (10 June 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.