Wakilii

Prof. Kakande and Another v Magambo and Another (Civil Miscellaneous Application 199 of 2023)

High Court · [2024] UGHC 505 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application seeking to strike out Written Statement of Defence for alleged non-compliance with court order to pay fees and serve defence
Decision
Application dismissed; main suit to proceed to hearing on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The application to strike out the Written Statement of Defence was dismissed. The court held that the respondents could not be found in contempt where they had no knowledge of the court order directing payment of fees and service within two days, as no evidence showed they were notified of the ruling date. Once aware of the order, the respondents paid the fees and served the defence. The court declined to strike out the defence in the interest of justice, finding no prejudice to the applicants and recognising that the substantive dispute required determination on the merits.

Outcome

Application dismissed; main suit to proceed to hearing on merits

Facts

The applicants filed Civil Suit No. 133 of 2022 against the respondents. On 4 January 2023, court issued summons for the respondents to file their Written Statement of Defence within 15 days. The respondents did not pay court fees nor serve the defence within time. The applicants brought a prior application, and on 8 September 2023 court ordered the respondents to pay fees and serve the defence within two days. The respondents' counsel was not present when the ruling was delivered and was not notified of the ruling date, having last been in court on 19 June 2023 when the ruling was scheduled for 30 August 2023. The judge was indisposed on that date and no new date was communicated. The respondents' counsel learned of the order on 15 September 2023, whereupon the fees were paid and the defence served. The applicants then brought the instant application seeking to strike out the defence and enter default judgment.

Issues

  1. Whether the respondents' Written Statement of Defence should be struck out for non-payment of court fees and failure to serve within the time ordered by court.
  2. Whether judgment in default should be entered against the respondents.
  3. Whether the respondents were in contempt of court for failing to comply with the order to pay fees and serve the Written Statement of Defence within two days of the ruling.

Orders

  • Application dismissed without costs.
  • Main suit to be fixed and heard on its merits.
  • Right of appeal explained.

Rules and key headnotes

Contempt of Court — Elements Required for Finding of Contempt
For a party to be found in contempt of a court order, three elements must be established: the existence of a court order, knowledge of that order by the alleged contemnor, and wilful disobedience of the order. A party cannot be held in contempt of an order that was never brought to their attention.
Service and Notice — Duty to Notify Parties of Hearing Dates
Where a court adjourns a ruling to a new date after the originally scheduled date, and that new date is not communicated to a party or their counsel, the party cannot be condemned for failing to appear or comply with orders made on that date. The burden lies on the party seeking to enforce compliance to demonstrate that notice of the new date was given.
Striking Out Pleadings — Exercise of Discretion in the Interest of Justice
Where a party complies with a court order to pay fees and serve pleadings after learning of the order, albeit out of time due to lack of notice, the court may decline to strike out the pleading in the interest of justice where striking out would not resolve the underlying dispute and would prejudice substantive determination of the case on its merits.

Legislation cited (2)

Cases cited (5)

  • Ronald Ndaula v Hajji Abdul Naduli (Election Petition No. 20 of 2006)
  • Simon Tendo Kabenge Advocates and Another v Mineral Access Systems Ltd (HCT M.A No. 570 of 2011)
  • Richard Odoi Adome v Uganda Electricity Generation Company Limited (Miscellaneous Application No. 1088 of 2022)
  • Simon Tendo Kazibwe v Mineral Access Systems Ltd (HCT M.A No. 570 of 2011)
  • Housing Finance Bank v Speedway Auctioneers (M.A No. 158 of 2010)

Full judgment

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

Prof. Kakande and Another v Magambo and Another (Civil Miscellaneous Application 199 of 2023) [2024] UGHC 505 (18 March 2024)
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.