Wakilii

Musoke Charles and Others v Manyangwa Lovincer and Others (Miscellaneous Application No. 9 of 2017)

High Court · [2017] UGHC 138 · 2017 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside default judgment and decree entered in Civil Suit No. 561 of 2006
Decision
Application to set aside default judgment dismissed with costs to the respondents

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application to set aside default judgment dismissed. Court held that applicants were duly served with court process on 7 October 2006 but deliberately failed to file a defence for over ten years despite multiple court directives. Applicants' failure to file rejoinder submissions and affidavits left respondents' evidence unchallenged. Setting aside the judgment would occasion miscarriage of justice to respondents.

Outcome

Application to set aside default judgment dismissed with costs to the respondents

Facts

Respondents sued applicants in 2006 for trespass on land comprised in Block 146, Plots 21 and 22, Kunywa, Busimbi, Mityana District. Applicants were served with summons on 7 October 2006 but failed to file a written statement of defence. Applicants attended court proceedings and raised preliminary objections which were overruled. On 15 November 2016, a default judgment was entered against the applicants, followed by formal proof on 23 November 2016. Applicants then filed this application seeking to set aside the default judgment, claiming they were never served with hearing notices and had instructed lawyers to file a defence.

Issues

  1. Whether the default judgment and decree entered on 15th November 2016 in Civil Suit No. 561 of 2006 should be set aside.
  2. Whether the applicants should be granted leave to appear and defend Civil Suit No. 561 of 2006 out of time.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Setting Aside Default Judgment — Grounds for Relief — Deliberate Non-Compliance
A party who is duly served with court process but deliberately fails to file a defence over a period of ten years, despite attending court proceedings and receiving judicial directives, cannot successfully apply to set aside a default judgment on grounds of lack of service or good cause.
Civil Procedure — Applications — Failure to File Rejoinder — Effect on Application
Where an applicant fails to file written submissions in rejoinder or affidavits in rejoinder to rebut the respondent's evidence, the respondent's evidence remains unchallenged and is presumed to be conceded by the applicant.

Legislation cited (3)

Cases cited (3)

  • Al Hajj Abidi and 3 Others v Tropical Africa Bank (Miscellaneous Application No. 360 of 2006)
  • Civil Suit No. 166 of 1984 - Hon. Mr. Justice G. M. Okello
  • Miscellaneous Application No. 592 of 1999 - Hon. Lady Justice C. A. Okello

Full judgment

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Musoke Charles and Others v Manyangwa Lovincer and Others (Miscellaneous Application No. 9 of 2017) [2017] UGHC 138 (20 September 2017)
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.