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Volcano Coffee Limited and Another v Infinite Aromas Company Limited (Miscellaneous Application 2345 of 2025)

High Court · [2026] UGCOMMC 230 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal order and default judgment arising from non-appearance of counsel
Decision
Dismissal order and default judgment set aside; matters reinstated for hearing on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that a party who has duly instructed and facilitated counsel cannot be held liable for counsel's negligence or non-appearance. Following established case law that mistakes of counsel should not be visited upon the litigant, the court set aside both the dismissal order of the interlocutory application and the default judgment in the main suit, reinstating both matters to be heard on their merits.

Outcome

Dismissal order and default judgment set aside; matters reinstated for hearing on merits

Facts

The respondent filed Civil Suit No. 0014 of 2025 against the applicants by specially endorsed plaint. The 2nd applicant filed Misc. Application No. 0378 of 2025 seeking unconditional leave to appear and defend. That application was dismissed for non-appearance of counsel, and as a result, default judgment was entered in the main suit in favor of the respondent. The 2nd applicant then filed this application seeking to set aside both the dismissal order and the default judgment. Evidence showed that the applicant had instructed and paid facilitation to counsel, who failed to attend court. The applicant argued this was counsel's mistake, not the client's fault.

Issues

  1. Whether the applicant raises sufficient grounds for an order setting aside the dismissal order of Misc. Application No. 0378 of 2025 and the same be reinstated.
  2. Whether the default judgement in Civil Suit No. 0014 of 2025 should be set aside.

Orders

  • The Order dismissing Misc. Application No. 0378 of 2025 is hereby set aside.
  • Misc. Application No. 0378 of 2025 is hereby reinstated and will be heard on its merits.
  • Default judgement entered in Civil Suit No. 0014 of 2025 is hereby set aside.
  • Costs shall abide the cause.

Rules and key headnotes

Civil Procedure — Setting Aside Orders — Mistake of Counsel — Liability of Client
A party who has duly instructed and facilitated counsel cannot be held liable for counsel's negligence or non-appearance, and the omission, mistake or inadvertence of counsel ought not to be visited upon the litigant.
Civil Procedure — Default Judgment — Setting Aside — Good Cause
Where a dismissal order and default judgment result from counsel's non-appearance despite proper instruction and facilitation by the client, the court may exercise its discretion under Order 9 rule 12 and Order 36 rule 11 of the Civil Procedure Rules to set aside both orders in the interest of justice.

Legislation cited (3)

Cases cited (2)

  • Godfrey Magezi and Others v Sudhir Ruparelia (Supreme Court Civil Appeal No. 10 of 2002)
  • Misc. Application No. 2399 of 2025 between the same parties

Full judgment

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

Volcano Coffee Limited and Another v Infinite Aromas Company Limited (Miscellaneous Application 2345 of 2025) [2026] UGCommC 230 (13 March 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.