Wakilii

Pavement Civil Works Limited v Krungi (Misc.App.No.292 of 2002)

High Court · [2002] UGHC 77 · 2002 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under Order 9 rule 24 CPR to set aside exparte decree and compromise order arising from summary suit
Decision
Application to set aside decree dismissed; decree and compromise order remain in force

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

An application under Order 9 rule 24 of the Civil Procedure Rules does not lie to set aside a decree entered under summary procedure (Order 33 CPR). Such a decree is not an exparte decree where no leave to defend was sought or granted. A consent decree cannot be set aside by motion under Order 9 rule 24 but requires either a review application or a fresh suit.

Outcome

Application to set aside decree dismissed; decree and compromise order remain in force

Facts

The respondent plaintiff brought a summary suit against the applicant defendant company for debt. A director of the applicant company endorsed receipt of summons admitting the debt and pledging to arrange payment. The Registrar entered decree under Order 33 rule 3 for UGX 60,173,050. Subsequently a consent order of compromise and partial satisfaction was entered providing for payment by instalments. The applicant then brought this application under Order 9 rule 24 seeking to set aside both the decree and the compromise order, alleging they were exparte. The respondent raised preliminary objections that the application was incompetent as it concerned a summary suit decree which should be challenged under Order 33 rule 11, and that a consent decree can only be set aside by review.

Issues

  1. Whether an application under Order 9 rule 24 CPR is the proper procedure to set aside a decree entered under summary procedure (Order 33 CPR).
  2. Whether a consent decree can be set aside under Order 9 rule 24 CPR.
  3. Whether the decree in question was an exparte decree or a consent decree.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.
  • Interim order earlier granted is vacated.

Rules and key headnotes

Civil Procedure — Summary Procedure — Setting Aside Decrees — Proper Procedure
A decree entered under summary procedure pursuant to Order 33 of the Civil Procedure Rules cannot be set aside by application under Order 9 rule 24 CPR, which applies only to exparte decrees in ordinary suits.
Civil Procedure — Consent Decrees — Setting Aside — Available Remedies
A consent decree cannot be set aside by appeal or by motion under Order 9 rule 24 CPR. The proper procedure is either by way of a fresh suit or by application for review of the judgment.
Civil Procedure — Summary Procedure — Exparte Decrees — Definition
A decree entered under Order 33 CPR is not an exparte decree as long as leave to appear and defend has not been granted and no defence has been filed. The concepts of appearance and defending which determine exparte status are not relevant to the summary procedure framework.

Legislation cited (3)

Cases cited (3)

  • Ladak Abdallah v Griffin Isingoma (Civil Appeal No. 8 of 1995)
  • Naggitta Kafuma vs Kimbowa Builders & Contractors M.B. 189/73
  • Magon vs Ottoman Bank (1958) EA 156

Full judgment

↓ Download PDF

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

Pavement Civil Works Limited v Krungi (Misc.App.No.292 of 2002) [2002] UGHC 77 (13 June 2002)
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.