Wakilii

Sempa Laston v Ssuna Matia and Others [2026] UGHCLD 183

High Court · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside an order permitting the respondent to proceed ex parte and for leave to file a written statement of defence out of time, arising from Civil Suit No. 777 of 2020
Decision
Ex parte order set aside; applicant permitted to file a written statement of defence within 14 days, allowing the main suit to proceed inter partes

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The applicant sought to set aside an order permitting the respondent to proceed ex parte in Civil Suit No. 777 of 2020 and for leave to file a written statement of defence out of time. The respondent's counsel expressly declined to oppose the application. The court granted the application, set aside the ex parte order and allowed the applicant fourteen days from the date of the ruling to file a defence. Because the application was unopposed, the court made no order as to costs. The ruling turns on the court's discretion to regularise pleadings where the opposing party raises no objection.

Outcome

Ex parte order set aside; applicant permitted to file a written statement of defence within 14 days, allowing the main suit to proceed inter partes

Facts

The applicant, Sempa Laston, was a party to Civil Suit No. 777 of 2020 pending in the Land Division. An order had earlier been made permitting the respondent to proceed ex parte against him, the applicant not having filed a written statement of defence within time. The applicant brought Miscellaneous Application No. 2364 of 2025 seeking to set aside that ex parte order and for leave to file a defence out of time. At the hearing on 28 April 2026, counsel for the applicant asked that the application be heard and disposed of before the main suit proceeded. Counsel for the respondent stated that he did not intend to oppose the application. The court then delivered a brief ruling.

Issues

  1. Whether the order allowing the respondent to proceed ex parte against the applicant should be set aside and the applicant granted leave to file a written statement of defence out of time.

Orders

  • The application is granted.
  • The order allowing the Respondent to proceed ex parte against the Applicant is set aside.
  • The Applicant is granted leave to file a Written Statement of Defence out of time within 14 days from 28 April 2026.
  • No orders as to costs.

Rules and key headnotes

Civil Procedure — Ex Parte Proceedings — Setting Aside Order to Proceed Ex Parte and Leave to File Defence Out of Time
Where an application to set aside an order permitting a plaintiff to proceed ex parte and for leave to file a written statement of defence out of time is unopposed, the court may grant the application and fix a limited period within which the defence must be filed.
Civil Procedure — Costs — No Order as to Costs Where Application Unopposed
No order as to costs is appropriate where the respondent does not oppose the application, since no party has been put to the expense of contesting it.

Full judgment

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

Sempa Laston v Ssuna Matia and Others [2026] UGHCLD 183 (28 April 2026)
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.