Wakilii

Ssebatta v Mayambala (Miscellaneous Application 2184 of 2024)

High Court · [2024] UGHCLD 237 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for enlargement of time to file defence and to set aside exparte order arising from Civil Suit No. 1100 of 2021
Decision
Applicant granted leave to file defence out of time; exparte order set aside; matter to proceed interpartes

Observed later treatment

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Holding

The High Court granted the applicant's motion to file a written statement of defence out of time and set aside the exparte order. The court held that the applicant had demonstrated sufficient cause for the delay due to his hospitalization following assault, and that the principles of fair hearing under Article 28 of the Constitution required that he be afforded opportunity to participate in the land proceedings. The application was unopposed.

Outcome

Applicant granted leave to file defence out of time; exparte order set aside; matter to proceed interpartes

Facts

The respondent instituted Civil Suit No. 1100 of 2021 against the applicant concerning land in Bubebere Bunjo Kasanje Sub County, Wakiso District. The applicant contended he was never properly served with summons. At the end of 2021, the applicant was assaulted by unknown persons and spent several months hospitalized, during which time he was unable to instruct lawyers or follow proceedings. The court had granted substituted service and subsequently allowed the respondent to proceed exparte. Upon discovering the proceedings, the applicant brought this application seeking to set aside the exparte order and for leave to file his defence out of time. The application was unopposed.

Issues

  1. Whether the applicant should be granted leave to file a written statement of defence out of time

Orders

  • The Applicant is to file his written statement of defence within 7 days from the date of this ruling.
  • No orders as to costs.

Rules and key headnotes

Civil Procedure — Extension of Time — Sufficient Cause — Medical Incapacity
Where an applicant was hospitalized for several months following an assault and was unable to instruct lawyers or follow proceedings, and the application is unopposed, this constitutes sufficient cause to grant leave to file a defence out of time in order to uphold the constitutional right to a fair hearing under Article 28.
Civil Procedure — Service of Summons — Purpose — Setting Aside Exparte Orders
The primary objective of serving summons is to make the defendant aware of proceedings so as to enable him to file a defence and participate. Where the defendant subsequently becomes aware of proceedings and seeks to participate, it is fit to set aside an exparte order to ensure he has opportunity to respond.
Civil Procedure — Uncontested Applications — Burden of Proof
Where facts are sworn in an affidavit and the other party does not file pleadings in opposition, those facts are presumed to have been accepted and the court shall determine the application on that basis.

Legislation cited (7)

Cases cited (8)

  • Samwiri Massa v Rose Achen [1978] HCB 297
  • Tushabe Chris v Co-operative Bank Ltd (Civil Application No. 08 of 2018)
  • Guliano Gariggio v Claudio Casadio (Supreme Court Civil Appeal No. 1 of 2013)
  • Narittam Bhatia and Another v Boutique Shazim Ltd (Court of Appeal Civil Appeal No. 3 of 2017)
  • Shanti v Hindocha and Others [1973] EA 207
  • Gideon Mosa Onchwati v Kenya Oil Co. Ltd and Another [2017] KLR 650
  • Bishop Jacinto Kibuuka v The Uganda Catholic Lawyers Society and Another (Miscellaneous Application No. 696 of 2018)
  • Geoffrey Gatete and Another v William Kyobe (Supreme Court Civil Appeal No. 07 of 2005)

Full judgment

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

Ssebatta_v_Mayambala_(Miscellaneous_Application_2184_of_2024)_[2024]_UGHCLD_237_(10_October_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.