Wakilii

Turyamureeba Wilbrod v Kamba Coffee Factory (CIVIL APPEAL NO. 0011 OF 2019)

High Court · [2022] UGHC 260 · 2022 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Chief Magistrate's Court dismissal of application to set aside ex parte decree in summary suit
Decision
Appeal dismissed; ex parte decree and execution upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the appeal, holding that service of summons on the defendant's adult son residing with him constituted effective service under Order 5 Rule 13 of the Civil Procedure Rules. The Court further held that the appellant failed to demonstrate a bona fide triable issue warranting leave to defend, as he provided only bare denials without supporting evidence.

Outcome

Appeal dismissed; ex parte decree and execution upheld

Facts

The Respondent, Kamba Coffee Factory, instituted a summary suit against the Appellant and Mbeitse Benon for recovery of UGX 2,000,000 advanced as a loan on 15 August 2014, with the Appellant standing as guarantor. The Respondent claimed the borrowers failed to repay by 30 September 2014. Neither defendant applied for leave to appear and defend. On 31 January 2018, an ex parte decree was entered under Order 36 Rule 3(2). A warrant of arrest in execution was issued on 27 April 2018. On 27 August 2019, the Appellant filed an application to set aside the decree, claiming he was never served with summons and never guaranteed the loan. The Chief Magistrate dismissed the application, finding that service had been effected on the Appellant's adult son and that the application lacked evidentiary support.

Issues

  1. Whether the trial Magistrate erred in failing to set aside the ex parte decree entered in the summary suit.
  2. Whether the trial Magistrate erred in failing to grant the Appellant unconditional leave to appear and defend the suit.

Orders

  • Appeal dismissed.
  • Costs awarded to the Respondent.

Rules and key headnotes

Service of Process — Substituted Service on Adult Family Member
Where a defendant cannot be found, service of summons on an adult member of the defendant's family residing with him constitutes effective service under Order 5 Rule 13 of the Civil Procedure Rules, and the defendant bears the burden of proving that no such person was served.
Setting Aside Ex Parte Judgments — Proof of Lack of Service
An applicant seeking to set aside an ex parte judgment on grounds of lack of service must adduce evidence demonstrating that service was not effected; bare assertions in an affidavit without corroborating evidence from the person allegedly served are insufficient.
Leave to Defend Summary Suits — Requirement of Bona Fide Triable Issue
Under Order 36 Rule 4 of the Civil Procedure Rules, a defendant seeking leave to appear and defend a summary suit must demonstrate by affidavit or otherwise that there is a bona fide triable issue of fact or law; mere denials without supporting evidence are insufficient to satisfy this threshold.

Legislation cited (7)

Cases cited (8)

  • Selle and Another v Associated Motor-Boat Ltd and Others (1968) EA 123
  • Magon v Ottoman Bank (1968) EA 136
  • Wamini v Kinimu (1969) EA 172
  • Kitumba v Karibwire (1981) HCB 71
  • Korutaro V Mukairu (1975)
  • S Kyobe Senyange v Naks Limited (1980) HCB 31
  • Masaka Farmers and Producers Limited v Alogsius Tamale (1992-1993) HCB 203
  • Makula Interglobal Trade Agency v Bank of Uganda [1985] HCB 65

Full judgment

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

Turyamureeba Wilbrod v Kamba Coffee Factory (CIVIL APPEAL NO. 0011 OF 2019) [2022] UGHC 260 (26 April 2022)
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.