Wakilii

Lubega Juma v Katongole John Chrysostom (Miscellaneous Application 64 of 2026)

High Court · [2026] UGHCCD 65 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside default judgment arising from summary suit for rental arrears
Decision
Default judgment set aside; applicant granted leave to defend; matter to proceed to trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court set aside a default judgment entered against the applicant in a summary suit for rental arrears. The court held that the negligent failure of the applicant's former lawyers to file a defence constituted good cause under Order 36 rule 11 and Order 9 rule 12 of the Civil Procedure Rules. The applicant was granted unconditional leave to defend, having demonstrated triable issues regarding compensation for developments erected on the rented land during the tenancy.

Outcome

Default judgment set aside; applicant granted leave to defend; matter to proceed to trial

Facts

The respondent commenced Civil Suit No. 410 of 2024 by summary procedure claiming rental arrears of UGX 291,300,000 from the applicant. The court granted the applicant leave to defend on 10 August 2025. The applicant instructed Stallone Advocates and paid UGX 5,000,000 for legal representation, but the firm failed to file a defence. On 29 January 2026, the court entered default judgment against the applicant for the full amount plus interest and costs. The applicant then instructed new lawyers, Rwabwogo & Co Advocates, and filed this application to set aside the default judgment. The applicant contended that he had erected developments on the rented land worth UGX 300,000,000 and was entitled to compensation, creating a triable counterclaim.

Issues

  1. Whether the default judgment and decree in Civil Suit No. 410 of 2024 should be set aside for good cause.
  2. Whether unconditional leave to appear and defend the suit should be granted to the applicant in Civil Suit No. 410 of 2024.
  3. What remedies are available to the parties.

Orders

  • The applicant is hereby granted unconditional leave to appear and defend High Court Civil Suit No. 410 of 2024.
  • The default judgment and decree in High Court Civil Suit No. 410 of 2024 is set aside.
  • The execution of the decree in High Court Civil Suit No. 410 of 2024 is stayed.
  • The applicant is ordered to file and serve his Written Statement of Defence within fifteen (15) days from the date of this Ruling.
  • Costs of this application shall abide the outcome of the main suit.

Rules and key headnotes

Civil Procedure — Setting Aside Default Judgment — Negligence of Counsel as Good Cause
A negligent mistake by counsel in failing to file a defence may constitute good cause for setting aside a default judgment under Order 36 rule 11 and Order 9 rule 12 of the Civil Procedure Rules, and such mistake should not be visited upon the client.
Civil Procedure — Summary Procedure — Leave to Defend — Test for Triable Issues
Under Order 36 rule 3(1) of the Civil Procedure Rules, a defendant in a summary suit must obtain leave to defend by demonstrating a bona fide triable issue of fact or law. A triable issue arises when a material proposition of law or fact is affirmed by one party and denied by the other, and is capable of resolution through judicial examination.
Contract Law — Tenancy Agreements — Compensation for Tenant's Developments
Where a tenant claims to have erected developments on rented land and seeks compensation upon termination of the tenancy, and the landlord disputes this claim while seeking rental arrears, triable issues of fact and law exist that warrant granting leave to defend in a summary suit.

Legislation cited (4)

Cases cited (2)

Full judgment

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Lubega Juma v Katongole John Chrysostom (Miscellaneous Application 64 of 2026) [2026] UGHCCD 65 (18 March 2026)
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.