Nakiryowa Gertrude v Hajji Zimbe Kassim Walugembe t a Rala International (Civil Suit 1215 of 2025; Miscellaneous Application 2461 2025)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the applicant's application for leave to appear and defend Civil Suit 1215/2025 under Order 9 Rule 22 of the Civil Procedure Rules due to the applicant's non-appearance and lack of representation. Default judgment was entered against the defendant for recovery of UGX 50,000,000 with interest at 5% per annum from breach until judgment date, plus costs.

Outcome

Default judgment entered against defendant for UGX 50,000,000 with interest and costs

Facts

The respondent filed Civil Suit 1215/2025 against the applicant seeking recovery of UGX 50,000,000, interest at 20%, general damages and costs. The applicant filed an application for leave to appear and defend the summary suit. When the application came up for hearing, the applicant neither appeared nor was represented. The respondent's counsel requested dismissal of the application and entry of default judgment. The respondent abandoned claims for 20% interest and general damages, proceeding only for the principal sum and costs.

Issues

1. Whether the application for leave to appear and defend should be dismissed for non-appearance of the applicant.
2. Whether default judgment should be entered in the underlying civil suit.

Orders

• Application for leave to appear and defend dismissed under Order 9 Rule 22 of the Civil Procedure Rules.
• Default judgment entered in Civil Suit No. 1215 of 2025 against the defendant in the sum of UGX 50,000,000.
• Interest awarded at 5% per annum from breach until date of judgment.
• Costs of the application and suit awarded to the plaintiff.

Legislation cited (1)

• Civil Procedure Rules Order 9 Rule 22

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