Wakilii

Lwasa Emmanuel Kaweesi v Equity Bank Uganda Limited (Miscellaneous Application No. 1968 of 2024)

High Court · [2026] UGCOMMC 116 · 2026 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file an application for leave to appear and defend, arising from a default judgment entered in Civil Suit No. 1011 of 2024
Decision
Application struck out for being incompetent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An application seeking extension of time to file an application for leave to appear and defend is incompetent where a default judgment has already been entered and a decree extracted. The proper procedure in such circumstances is to file an application to set aside the default judgment under Order 36 Rule 11 of the Civil Procedure Rules.

Outcome

Application struck out for being incompetent

Facts

The applicant filed an application on 25 September 2024 seeking extension of time to file an application for leave to appear and defend in Civil Suit No. 1011 of 2024. Before the application could be heard, the court entered a default judgment on 18 October 2024, and a decree was extracted. The bill of costs was taxed on 25 November 2024, and execution proceedings commenced. The respondent raised a preliminary objection that the application was incompetent because the proper procedure after entry of a default judgment is to file an application to set aside the judgment under Order 36 Rule 11 of the Civil Procedure Rules, not to seek extension of time to file leave to appear and defend.

Issues

  1. Whether an application for extension of time to file an application for leave to appear and defend is competent after a default judgment has been entered and a decree extracted.

Orders

  • Application struck out.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Default Judgment — Application for Extension of Time — Competence After Entry of Judgment
Where a default judgment has been entered and a decree extracted, an application seeking extension of time to file an application for leave to appear and defend is incompetent. The proper procedure is to file an application to set aside the default judgment under Order 36 Rule 11 of the Civil Procedure Rules.
Civil Procedure — Judgments — Enforceability — Setting Aside
A judgment is enforceable unless it is set aside. In the absence of an application to set aside a default judgment, subsequent procedural applications seeking to defend the suit are incompetent.

Legislation cited (7)

Full judgment

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

Lwasa Emmanuel Kaweesi v Equity Bank Uganda Limited (Miscellaneous Application No. 1968 of 2024) [2026] UGCommC 116 (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.