Wakilii

MZ Paper Converters Limited v Uganda Pulp & Paper Mills Limited (Miscellaneous Application 176 of 2024)

High Court · [2025] UGHC 1526 · 2025 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. 47 of 2023
Decision
Application dismissed; default judgment in underlying suit remains valid and enforceable

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that service of summons was effective where the process server delivered summons to the applicant's registered office in Mukono as shown on Company Form 18 and received by a human resource manager. The applicant failed to prove ineffective service or disclose a meritorious defence, having acknowledged indebtedness via WhatsApp communications but merely disputing the quantum without evidence. Application to set aside default judgment dismissed as lacking merit and constituting a delaying tactic.

Outcome

Application dismissed; default judgment in underlying suit remains valid and enforceable

Facts

The respondent filed Civil Suit No. 47 of 2023 as a summary suit claiming USD 107,975.703 for goods supplied on credit to the applicant. Service was effected on 6 November 2023 at the applicant's registered office in Mukono Namanve Industrial Park, received by Anne Nabwire, identified as a human resource manager. The applicant failed to apply for leave to appear and defend within the prescribed period. Default judgment was entered on 20 December 2023. The applicant learned of the judgment through a newspaper advertisement in July 2024 and filed this application on 5 August 2024 seeking to set aside the judgment, alleging non-service and disputing the quantum of the debt. Evidence showed prior WhatsApp communications between the parties discussing the debt and payment terms.

Issues

  1. Whether or not there was effective service upon the applicant?
  2. Whether or not the judgment and exparte decree should be set aside in the main suit?
  3. Whether or not the applicant be granted unconditional leave to appear and defend the main suit?
  4. What remedies are available to the parties?

Orders

  • Application dismissed.
  • Judgment and decree in Civil Suit No. 47 of 2023 remain valid and may be executed against the applicant.
  • Costs of the application awarded to the respondent.

Rules and key headnotes

Service of Process — Service on Companies — Effective Service
Service of summons on a company at its registered office as shown on the company's Form 18 filed with the Uganda Registration Services Bureau, and received by a senior employee such as a human resource manager, constitutes effective service under Order 29 rule 2(b) of the Civil Procedure Rules.
Setting Aside Default Judgment — Burden of Proof — Ineffective Service
Where a defendant denies having been served with summons, the onus is on the defendant to prove to the satisfaction of the court that service was ineffective. Mere assertions without supporting evidence are insufficient to discharge this burden.
Setting Aside Default Judgment — Good Cause — Meritorious Defence
Under Order 36 rule 11 of the Civil Procedure Rules, a court may set aside a default judgment in a summary suit if satisfied that service was not effective or for any other good cause. Good cause includes evidence that the defendant has a triable defence to the suit, not mere evasive denials.
Electronic Evidence — WhatsApp Messages — Admissibility and Weight
WhatsApp messages exchanged between parties are admissible as evidence of contractual terms, acknowledgement of indebtedness, or communications under the Electronic Transactions Act Cap 99. Their evidential weight depends on authenticity, completeness of screen shots showing dates, times and contact details, and whether they are presented in full unaltered threads.
Debt — Acknowledgement of Indebtedness — Quantum Disputes
Where a debtor acknowledges indebtedness but disputes only the quantum without providing evidence to support a different figure or requesting reconciliation through proper channels before judgment, such dispute does not constitute a triable issue warranting setting aside of a default judgment.

Legislation cited (18)

Cases cited (18)

  • Kaahwa Stephen & Another v Kalema Hannington (High Court Civil Appeal No. 7 of 2011)
  • Makula International Ltd v Cardinal Emmanuel Nsubuga (HCB 11)
  • Shah v Mbogo [1967] EA 116
  • Patel v EA Cargo Handling Services Ltd [1974] EA 75
  • Kundah Singh Construction Ltd v Tanzania National Roads Agency [2012] EA 104
  • Busingye & Others vs Williams Katotsire (2001-2005)
  • Wadamba v Mutasa & 2 Others (2017) UGHCLD 213
  • Mulira v Cashflow Solutions Ltd (Miscellaneous Application No. 246 of 2017)
  • Banco Arabe Espanol v Bank of Uganda [1999] UGSC 1
  • Rugasira v Rubarema (Miscellaneous Application No. 464 of 2020)
  • Mbabazi Sylvia v Kagoya P. Dinah (Civil Appeal No. 13 of 2020)
  • Geoffrey Gatete & Another v William Kyobe (Supreme Court Civil Appeal No. 7 of 2005)
  • Zirobwe Agali Awamu Agribusiness Training Association v Uganda Central Cooperative Financial Services & Another [2024] UGCommC 288
  • Elizabeth Namazzi v Simon Mugerwa, 2021
  • Kasagga v Walusimbi 2019
  • Ssetimba vs UDB & another 2020
  • Impressa Infortunato v Irene Nabwire (Supreme Court Civil Appeal No. 3 of 2000)
  • Mahad Ssentongo v Asia Rizo Nabisere (Miscellaneous Application No. 843 of 2013)

Full judgment

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MZ Paper Converters Limited v Uganda Pulp & Paper Mills Limited (Miscellaneous Application 176 of 2024) [2025] UGHC 1526 (2 September 2025)
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.