Wakilii

Senkubuge and Another v Kibirango (Civil Miscellaneous Application No. 1704 of 2019)

High Court · [2021] UGHCLD 108 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside default judgment arising from Civil Suit No.986 of 2018
Decision
Application dismissed for failure to serve within the prescribed time period

Observed later treatment

Cited — treatment unverified cited in 2 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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.

No adverse treatment recorded Cited 2 times with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

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

Held that an application to set aside default judgment must be served within 21 days of issuance as required by Order 5 rule 1(2) of the Civil Procedure Rules, excluding the period between 24 December and 8 January. Where service is effected outside the prescribed period without leave of court, the application must be dismissed under Order 5 rule 1(3)(a). The application, sealed on 10 December 2019 but served on 12 February 2020, was served out of time and dismissed with costs.

Outcome

Application dismissed for failure to serve within the prescribed time period

Facts

The Applicants filed an application seeking to set aside a default judgment in Civil Suit No.986 of 2018 and for an extension of time to file their defence. The application was supported by the affidavit of Ms. Musinguzi Rachael and opposed by the affidavit of the Respondent, Kibirango Joyce. The notice of motion was signed and sealed by court on 10 December 2019. The Respondent averred that the application was served upon her on 12 February 2020, more than 21 days after issuance. The Applicant's counsel did not rebut this averment or confirm the date of service. The Respondent raised a preliminary objection that the application was served out of time.

Issues

  1. Whether the application was properly served on the Respondent within the time prescribed by the Civil Procedure Rules.
  2. Whether the application should be dismissed for failure to serve within the prescribed time period.

Orders

  • Application dismissed.
  • Costs awarded to the Respondent.

Rules and key headnotes

Civil Procedure — Service of Process — Time Limits for Service — Application of Order 5 Rule 1
A notice of motion must be served in the manner provided for service of summons, which requires service within 21 days of issuance, excluding the period between 24 December and 8 January.
Civil Procedure — Service of Process — Strict Application — Penalty for Default
The provisions of Order 5 rule 1 of the Civil Procedure Rules are of strict application because a penalty accrues upon default, and where service is effected outside the prescribed time without leave of court, the application must be dismissed under Order 5 rule 1(3)(a).

Legislation cited (6)

Cases cited (4)

  • Michael Mulo Mulagussi v Peter Katabalo (HCMA No. 006 of 2016)
  • Joy Kaigana v Dabo Boubon [1986] HCB 58
  • Kaur v City Auction Mart Ltd [1967] EA 10
  • Kanyabwera v Tumwebwa [2005] 2 EA 86

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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

Senkubuge_and_Another_v_Kibirango_(Civil_Miscellaneous_Application_No._1704_of_2019)_[2021]_UGHCLD_108_(2_August_2021)
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.