Two Roads Foundation and Greg Stone v Tukasibwe Junior and Educate A Child Street Child (Land Civil Suit No 025 of 2020)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the plaintiffs' application to proceed ex-parte where the defendant, though served with summons at Luzira Prison on two occasions, voluntarily opted not to participate in proceedings. The court held that proof of service protects the constitutional right to a fair hearing, and that ex-parte proceedings are permissible where a defendant has been duly served but chooses not to appear. The court directed that a copy of the ruling be served on the defendant to preserve his right to participate.

Outcome

Application to proceed ex-parte granted; matter fixed for hearing within 14 days

Facts

The plaintiffs, a US non-profit organization and its Executive Director, entered into a memorandum of understanding with the defendants in 2015 for philanthropic work with vulnerable children in Kabale. The plaintiffs wired USD 60,000 to the defendants for purchase of land. The plaintiffs alleged that the purchase price was inflated (UGX 185,000,000 versus actual purchase price of UGX 145,000,000), that less land was purchased than agreed, and that the land was registered in the first defendant's name rather than the second defendant's name. Two conflicting sale agreements exist on record. The first defendant was serving a sentence at Luzira Prison and, though served with summons for directions on two occasions, opted not to participate in the proceedings. The plaintiffs applied to proceed ex-parte under Order 9 Rule 20(1)(a) of the Civil Procedure Rules.

Issues

1. Whether the plaintiffs are entitled to proceed ex-parte against the defendants.

Orders

• Plaintiffs' prayer to proceed ex-parte is granted.
• Registrar is directed to fix the matter for hearing in the next 14 days.
• A copy of this ruling and orders must be served on the 1st defendant in Luzira prison so as not to foreclose his right to participate in the court proceedings.
• Costs abide the main suit.

Rules and key headnotes

Legislation cited (4)

• Constitution of Uganda Article 28(1)
• Constitution of Uganda Article 44(c)
• Civil Procedure Rules Order 9 Rule 20(1)(a)
• Judicature (Electronic Filing, Service and Virtual Proceedings Rules) 2025 Regulation 28

Cases cited (2)

• Lucy Ssebaale Nantale v Rukundo Jennifer and Another (Miscellaneous Application No. 772 of 2022)
• Nwoya District Local Government Council v Onyee (Civil Application No. 31 of 2019)

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