Wakilii

Roko Construction Ltd v Mehta Electricals Ltd (Miscellaneous Application No. 43 of 2024)

High Court · [2025] UGCOMMC 126 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside order to proceed ex parte in underlying summary suit for recovery of debt
Decision
Application dismissed with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed an application to set aside an order allowing the plaintiff to proceed with hearing under Order 17 rule 4 of the Civil Procedure Rules. The court held that no ex parte order was made because the applicant was represented by counsel holding brief, who is presumed to have full authority to conduct the matter. The applicant failed to produce witnesses as directed despite multiple adjournments at its instance. The application was found to be an attempt to frustrate the determination of a four-year-old suit through deliberate delays.

Outcome

Application dismissed with costs to the respondent

Facts

The respondent filed Civil Suit No. 226 of 2022 against the applicant for recovery of USD 263,526 for unpaid electrical works. The applicant was granted leave to defend and the matter was set down for hearing. On 23 October 2024, the applicant failed to file a second witness statement, claiming the witness had left the company. The matter was adjourned to 11 December 2024 with directions that both parties appear with witnesses. On 11 December 2024, the applicant's counsel did not attend, sending a legal officer to hold brief who informed court that counsel was undergoing tooth extraction. The applicant produced no witnesses. The respondent's counsel applied to proceed under Order 17 rule 4, which the court granted. The applicant then filed this application seeking to set aside the order, claiming its counsel was prevented by sufficient cause from attending.

Issues

  1. Whether the application is properly before court.
  2. Whether the applicant has sufficient grounds for setting aside the order to proceed ex parte in Civil Suit No. 226 of 2022.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Holding Brief — Authority of Substitute Counsel
An advocate holding brief for another advocate is presumed to have valid instructions and full authority to handle the case just like counsel in personal conduct of the matter, and their actions can be attributed to the client's case.
Civil Procedure — Ex Parte Orders — Representation by Substitute Counsel
Where a party is represented by counsel holding brief, proceedings do not proceed ex parte and no ex parte order is made, even if the counsel in personal conduct of the matter is absent.
Civil Procedure — Order 9 Rule 27 — Inapplicability Where No Ex Parte Decree
Order 9 rule 27 of the Civil Procedure Rules, which provides for setting aside ex parte decrees, is inapplicable where no judgment or decree has been issued and the hearing of the suit is still ongoing.
Civil Procedure — Order 17 Rule 4 — Failure to Produce Evidence After Adjournment
Under Order 17 rule 4 of the Civil Procedure Rules, where a party to whom time has been granted fails to produce evidence or cause the attendance of witnesses, the court may proceed to decide the suit immediately notwithstanding that default, particularly where the adjournment was granted at the instance of the defaulting party.

Legislation cited (9)

Cases cited (2)

  • Ntalo Mohamed v Stanbic Bank of Uganda Ltd (Miscellaneous Application No. 211 of 2017)
  • Tolit Charles Okiro v Otto Cipiriano (Civil Revision No. 002 of 2019)

Full judgment

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

Roko Construction Ltd v Mehta Electricals Ltd (Miscellaneous Application No. 43 of 2024) [2025] UGCommC 126 (11 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.