Wakilii

Rutetebya v BF Suma Uganda Limited (Miscellaneous Application 891 of 2024)

High Court · [2024] UGCOMMC 311 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside interlocutory judgment entered for failure to file defence in underlying civil suit
Decision
Interlocutory judgment set aside; applicant granted leave to file defence out of time; hearing reopened

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court held that Order 9 Rule 9 of the Civil Procedure Rules, though not expressly stating so, permits courts to enter interlocutory judgments against defendants who fail to file defences in multi-defendant suits. Interlocutory judgment set aside where applicant's defence was plausible and her evidence would materially assist in determining vicarious liability issues, despite applicant's indolence in failing to follow up on the matter after forwarding process to employer's counsel. Justice required that applicant be heard before disposal of main suit.

Outcome

Interlocutory judgment set aside; applicant granted leave to file defence out of time; hearing reopened

Facts

The Applicant was the 2nd Defendant in Civil Suit No. 0065 of 2023, which arose from an alleged breach of contract when the Respondent hired the 1st Defendant's ballroom for a workshop on 21st September 2022. As the 1st Defendant's Sales Executive Officer, the Applicant had handled all bookings for the event. An interlocutory judgment was entered against all defendants on 30th March 2023 when they failed to file defences. The Applicant claims she was served with court process, forwarded it to the 1st Defendant's in-house lawyer who assured her he would handle the matter, then left employment and forgot about the case. She only learned the case was ongoing in May 2024 when a friend saw a hearing notice in a newspaper. The 3rd and 4th Defendants had actually filed a joint defence on 13th February 2023, within time, yet the interlocutory judgment was erroneously entered against them as well.

Issues

  1. Whether the Interlocutory Judgment entered on 30th March 2023 in Civil Suit No. 0065 of 2023 should be set aside as against the Applicant.
  2. Whether Order 9 Rule 9 of the Civil Procedure Rules permits courts to enter interlocutory judgments against defendants who fail to file defences in suits involving several defendants.
  3. Whether the Applicant has shown sufficient cause to warrant setting aside the interlocutory judgment under Order 9 Rule 12 of the Civil Procedure Rules.

Orders

  • The Interlocutory Judgment entered on 30th March 2023 in Civil Suit No. 0065 of 2023 is set aside as against the 2nd, 3rd and 4th Defendants therein.
  • The Applicant is granted leave to file her written statement of defence out of time.
  • The Applicant shall file her written statement of defence to Civil Suit No. 0065 of 2023 within 10 (ten) days from the date of this order.
  • The hearing of Civil Suit No. 0065 of 2023 is reopened and the Court shall fix and hear the Applicant's defence to the claims therein after closure of pleadings.
  • Costs of this application shall abide by the outcome of Civil Suit No. 0065 of 2023.

Rules and key headnotes

Civil Procedure — Interlocutory Judgments — Order 9 Rule 9 — Multi-defendant Suits — Power to Enter Interlocutory Judgment
Order 9 Rule 9 of the Civil Procedure Rules, despite not expressly stating so, permits courts to enter interlocutory judgments against any and all defendants who fail to file their defences in a suit involving several defendants, and then proceed to try the suit as against the defendants who filed their defences.
Civil Procedure — Statutory Interpretation — Purposive Construction — Absurdity Rule
Where literal construction of a statutory provision would lead to an obvious absurdity, courts must interpret legislation in light of the logical implications necessary to fully effectuate and implement its purpose.
Civil Procedure — Setting Aside Interlocutory Judgment — Order 9 Rule 12 — Discretion of Court
Under Order 9 Rule 12 of the Civil Procedure Rules, the court has a wide discretion to set aside interlocutory judgments on such terms as may be just. The main concern of the court is to do justice to the parties, and the court should consider whether, in light of all the facts and circumstances both prior and subsequent to the judgment, it would be just and reasonable to set aside or vary that judgment.
Civil Procedure — Setting Aside Judgment — Plausibility of Defence — Employee Status and Vicarious Liability
Where an applicant's defence is plausible and her evidence would materially assist in determining issues of vicarious liability due to her employment status at the time of the disputed events, the justice of the case favours setting aside an interlocutory judgment to allow the applicant to be fully heard, despite her indolence in failing to file a defence in time.

Legislation cited (5)

Cases cited (2)

  • Nicholas Roussos v Gulam Hussein Habib Virani (Supreme Court Civil Appeal No. 9 of 1993)
  • The Commissioner General, Uganda Revenue Authority v Edulink Holdings Ltd & 2 Others (High Court Civil Appeal No. 178 of 2021)

Full judgment

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

Rutetebya v BF Suma Uganda Limited (Miscellaneous Application 891 of 2024) [2024] UGCommC 311 (27 September 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.