Wakilii

Nandutu Asha and Wamboga Ali v Kamats Investments Credit Services Ltd (Civil Appeal No. 34 of 2022)

High Court · [2025] UGHC 488 · 2025 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court dismissal of application to set aside default judgment
Decision
Default judgment set aside; matter remitted to Chief Magistrate's Court for trial on merits; Appellants granted leave to file amended defence within 7 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court allowed the appeal and set aside the default judgment. The court held that while the trial magistrate was correct to strike out the defective written statement of defence, the Appellants had demonstrated sufficient grounds under Order 9 rule 12 and Order 36 rule 11 to warrant setting aside the default judgment. The procedural failure was attributable to counsel's negligence, not the Appellants. Costs were awarded against the Appellants' advocates personally.

Outcome

Default judgment set aside; matter remitted to Chief Magistrate's Court for trial on merits; Appellants granted leave to file amended defence within 7 days

Facts

The Respondent instituted Civil Suit No. 155 of 2020 against the Appellants seeking to recover a liquidated sum. The Appellants were granted leave to file a defence, but their written statement of defence lacked the designated area for endorsement and sealing as required by Order 9 rule 1(1) of the Civil Procedure Rules. The trial court struck out the defence and entered default judgment. The Appellants filed Miscellaneous Application No. 87 of 2021 seeking to set aside the judgment, asserting their constitutional right to be heard, lack of knowledge of strict civil procedure, and potential irreparable harm. The trial magistrate dismissed the application, finding no just grounds. The Appellants appealed to the High Court.

Issues

  1. Whether the trial magistrate erred in dismissing the application to set aside the default judgment.
  2. Whether the Appellants' written statement of defence was properly struck out for lack of endorsement and sealing.
  3. Whether the Appellants demonstrated sufficient grounds to warrant setting aside the default judgment under Order 9 rule 12 and Order 36 rule 11 of the Civil Procedure Rules.
  4. Whether the procedural default should be attributed to the Appellants or to their counsel.

Orders

  • Appeal allowed.
  • The judgment and decree in Civil Suit No. 155 of 2020 is set aside.
  • The Appellants are granted leave to file the amended written statement of defence within 7 days from the date of this ruling.
  • Costs of this Appeal are awarded to the Respondent and shall be paid by Nangulu and Mugoda Advocates, counsel for the Appellants.

Rules and key headnotes

Civil Procedure — Written Statement of Defence — Sealing Requirement — Order 9 rule 1(1)
A written statement of defence must be sealed by the proper officer with the official seal showing the date on which it is sealed. The sealed copy serves as a certificate that the defence was filed on the day indicated. Absence of such sealing implies the defence was never filed and may be struck out.
Civil Procedure — Setting Aside Default Judgment — Discretion of Court — Order 9 rule 12 and Order 36 rule 11
The court has discretion to set aside or vary a default judgment upon such terms as may be just under Order 9 rule 12, or where service was not effective or for any other good cause under Order 36 rule 11. Grounds including the right to be heard, lack of knowledge of strict procedure, and potential irreparable harm may constitute sufficient cause to warrant setting aside a default judgment.
Civil Procedure — Advocate's Negligence — Liability for Costs — Capt Phillip Ongom Principle
A litigant ought not to bear the consequences of an advocate's default unless the litigant is privy to the default or the default results from failure on the part of the litigant to give the advocate due instructions. Where procedural failure is attributable to counsel's negligence in drafting or filing documents, the advocate may be personally liable for costs.

Legislation cited (4)

Cases cited (3)

Full judgment

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Nandutu Asha and Wamboga Ali v Kamats Investments Credit Services Ltd (Civil Appeal No. 34 of 2022) [2025] UGHC 488 (8 July 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.