Wakilii

Nsubuga Quraishi T A Qush Investments v Kiboko Enterprises Limited (Miscellaneous Application No. 618 of 2025)

High Court · [2025] UGCOMMC 255 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside default judgment and decree arising from summary suit
Decision
Default judgment and decree set aside; execution set aside

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court set aside a default judgment and decree entered under summary procedure, finding that the judgment was premised on an expired summons which the court had previously rejected. Fresh summons on an ordinary plaint had been issued and served, and the defendant had filed a written statement of defence. The court held that the default judgment based on the expired summons was improper and invoked its inherent powers to set aside both the judgment and the execution.

Outcome

Default judgment and decree set aside; execution set aside

Facts

The Respondent brought Civil Suit No. 1185 of 2023 under summary procedure seeking to recover UGX 52,322,700. The Applicant did not file an application for leave to appear and defend. On 28 August 2024, a default judgment was entered for the claimed sum plus interest at 8% per annum and costs. The default judgment was based on an affidavit of service dated 17 October 2023 relating to summons which the court had previously rejected. The court had ordered fresh summons to be issued, which were extracted on 12 June 2024 as summons on an ordinary plaint. The Applicant was served with the ordinary plaint summons and filed a written statement of defence on 19 August 2024. The Applicant subsequently filed this application to set aside the default judgment and decree.

Issues

  1. Whether this application discloses sufficient grounds for the grant of reliefs sought?
  2. What remedies are available?

Orders

  • The default judgment entered on 28th August 2024, and the decree issued on the 21st day of January 2025 are set aside.
  • The execution of the judgment and decree in Civil Suit No.1185 of 2023 is set aside.
  • The costs of this application shall be in the cause.

Rules and key headnotes

Civil Procedure — Setting Aside Default Judgment — Service of Process — Expired Summons
A default judgment entered under summary procedure which is premised on an affidavit of service relating to summons that the court had previously rejected and ordered replaced is improper and liable to be set aside under Order 36 Rule 11 of the Civil Procedure Rules.
Civil Procedure — Summary Procedure — Order 36 — Service of Fresh Summons on Ordinary Plaint
Where a court orders fresh summons to be issued after rejecting initial service and the fresh summons are issued on an ordinary plaint rather than under summary procedure, a decree under Order 36 Rule 3(2) is not available where the defendant has filed a written statement of defence.
Civil Procedure — Good Cause — Order 36 Rule 11 — Setting Aside Judgment
Good cause under Order 36 Rule 11 for setting aside a decree includes circumstances where counsel failed to exercise due diligence in serving the correct summons and where a default judgment was entered on the basis of expired summons that the court had rejected.

Legislation cited (4)

Cases cited (4)

Full judgment

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Nsubuga Quraishi T A Qush Investments v Kiboko Enterprises Limited (Miscellaneous Application No. 618 of 2025) [2025] UGCommC 255 (23 June 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.