Wakilii

Kyobe v Nalweyiso and Another [2024] UGHC 1208

High Court · 2024 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Chief Magistrate Grade 1 Nabweru decision in Civil Suit No. 064/2013 dismissed for lack of jurisdiction
Decision
Appeal dismissed for lack of jurisdiction; appellant has no right of appeal where he failed to submit to the jurisdiction of the trial court by not filing a defence

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that a defendant who fails to file a written statement of defence does not submit to the jurisdiction of the trial court. Where judgment is entered ex parte against such a defendant, the right of appeal under Section 67(1) of the Civil Procedure Act does not apply. The proper recourse is under Order 9 rule 12 of the Civil Procedure Rules. The appeal was dismissed as an abuse of court process for lack of jurisdiction.

Outcome

Appeal dismissed for lack of jurisdiction; appellant has no right of appeal where he failed to submit to the jurisdiction of the trial court by not filing a defence

Facts

The 1st Respondent sued the appellant and others in the Chief Magistrate's Court Nabweru (CS No. 64/2013) over disputed land which she claimed was matrimonial property. The appellant was effectively served but failed to file a written statement of defence. The trial court granted the 1st Respondent's prayer to proceed ex parte against the appellant and entered default judgment in her favour, declaring her the rightful owner of the land, awarding general damages of UGX 10,000,000, and declaring the sale transactions void. The appellant then lodged this appeal to the High Court challenging the trial court's findings on six grounds relating to ownership, assessment of evidence, locus in quo, refund of purchase price, and quantum of damages.

Issues

  1. Whether the appellant has a right of appeal where he failed to file a written statement of defence in the lower court and judgment was entered ex parte against him.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Right of Appeal — Defendant Failing to File Defence — Ex Parte Judgment
Where a defendant fails to file a written statement of defence, he does not submit to the jurisdiction of the trial court under Order 9 rule 3(6) of the Civil Procedure Rules. The right of appeal under Section 67(1) of the Civil Procedure Act is only available to parties who filed a defence and submitted to the jurisdiction of the trial court. A defendant against whom ex parte judgment has been entered for failure to file a defence has no right of appeal; his recourse is under Order 9 rule 12 of the Civil Procedure Rules.
Civil Procedure — Abuse of Process — Appeal by Party Who Did Not Submit to Jurisdiction
An attempt by a defendant who stayed away from court proceedings despite being served to be heard on appeal constitutes an abuse of court process. Such an appeal must be dismissed for lack of jurisdiction.
Civil Procedure — Submission to Jurisdiction — Filing of Written Statement of Defence
Under Order 9 rule 3(6) of the Civil Procedure Rules, the filing of a defence is treated as submission by the defendant to the jurisdiction of the court. Failure to file a defence means the defendant never submitted to the court's jurisdiction.

Legislation cited (4)

Cases cited (3)

  • Hamam Singh Bhogat T/A Hamam Singh & Co. v Jadva Kirsan (1953) 20 EACA 171
  • Agasitafa Kiganila v Kagenda Haruna (High Court Civil Appeal No. 46 of 2012)
  • Komax Motor Vehicle Company Limited and 2 Others (High Court Miscellaneous Application No. 15 of 2023)

Full judgment

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Kyobe v Nalweyiso and Another 2024 UGHC 1208 (26 September 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.