Wakilii

Oijuke & Anor v Tayebwa (Miscellaneous Application No. 1194 of 2013)

High Court · [2014] UGHCLD 104 · 2014 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside default judgment arising from Civil Suit No. 406 of 2013
Decision
Default judgment set aside; matter to proceed to hearing on the merits

Observed later treatment

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Holding

Held that where a plaint claims both a liquidated demand and unliquidated damages, final judgment may be entered under Order 9 Rule 6 for the liquidated sum, with interlocutory judgment on the unliquidated claims requiring formal proof. The Registrar erred in failing to set down the suit for proof of unliquidated damages. The default judgment was set aside: the second applicant was not served with court process, and the first applicant was prevented by illness from filing his defence in time, constituting sufficient cause under Order 9 Rules 12 and 27.

Outcome

Default judgment set aside; matter to proceed to hearing on the merits

Facts

The applicants sold land on Block 380 Plot 140 to the respondent in 2008. The respondent filed Civil Suit No. 406 of 2013 seeking refund of the purchase price of UGX 11,000,000, interest, and damages, alleging the applicants failed to disclose an adverse claim affecting the land. The first applicant received the summons and plaint but did not file a defence within the statutory 15 days. He claimed he was undergoing medical treatment at Kireka Medical Centre from 13 September 2013 to 12 October 2013. He filed a defence on 10 October 2013, ten days late. Default judgment was entered on 16 October 2013 under Order 9 Rule 6. The second applicant was not served. The applicants applied to set aside the judgment. A land registry search showed the respondent remained the registered proprietor of the suit land.

Issues

  1. Whether judgment was wrongly entered under Order 9 Rule 6 where the plaint claimed both liquidated and unliquidated demands.
  2. Whether the applicants showed sufficient cause for the default judgment to be set aside.

Orders

  • Application allowed.
  • Interlocutory judgment for general damages, interest, punitive/aggravated damages and costs set aside.
  • Default judgment entered against the applicants on 16 October 2013 set aside.
  • Each party to bear their own costs of the application.

Rules and key headnotes

Civil Procedure — Default Judgment — Order 9 Rule 6 — Mixed Claims for Liquidated and Unliquidated Damages
Where a plaint claims both a liquidated demand and unliquidated damages, a plaintiff may obtain final judgment under Order 9 Rule 6 for the liquidated sum and interlocutory judgment for the unliquidated claims, which must then be set down for formal proof.
Civil Procedure — Setting Aside Default Judgment — Order 9 Rules 12 and 27 — Sufficient Cause
A default judgment may be set aside under Order 9 Rules 12 and 27 where a defendant was not served with court process or was for sufficient cause prevented from appearing. Sufficient cause includes illness of a party that prevented timely filing of a defence.
Civil Procedure — Service of Process — Non-Service on Co-Defendant
Where there is no proof that a co-defendant was served with court process, default judgment entered against that defendant must be set aside.

Legislation cited (10)

Cases cited (4)

  • National Social Security Fund v Kisubi High School (High Court Civil Suit No. 440 of 2011)
  • Abbey Panel & Sheet Metal Co Ltd v Barson Products [1947] 2 All ER 809
  • Rosette Kizito v Administrator General and Others (Supreme Court Civil Application No. 9 of 1986)
  • Nicholas Roussos v Gulam Hussein Habib Virani & Another (Supreme Court Civil Appeal No. 9 of 1993)

Full judgment

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

Oijuke & Anor v Tayebwa (Miscellaneous Application No. 1194 of 2013) [2014] UGHCLD 104 (16 June 2014)
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.