[2017] UGCommC 19

[2017] UGCommC 19

The court found that there was no evidence of any attempt to serve the Applicant personally with summons as required by Order 5 rule 10 of the Civil Procedure Rules. Substituted service was ordered without first attempting personal service, rendering the service defective. Consequently, the default judgment entered...

Source-derived case information.

Citation
[2017] UGCommC 19
Parties
Applicant: Ggingo Mujje Charles; Respondent: Diamond Trust Bank Uganda Ltd
Court
Commercial Court of Uganda
Jurisdiction
Uganda
Judgment Date
31 March 2017
Case Number
Miscellaneous Application No. 937 of 2016
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Application to Set Aside Default Judgment and for Leave to Defend
Outcome
Default judgment set aside; final decision on leave to defend stayed pending further evidence and compliance with court directions.
Legal Topics
Setting Aside Default Judgment, Leave to Defend, Service of Process, Loan Recovery, Substituted Service
Source Language
english
Civil Procedure Banking and Finance Setting Aside Default Judgment Leave to Defend Service of Process Loan Recovery Substituted Service

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Parties

Ggingo Mujje Charles

Applicant

Diamond Trust Bank Uganda Ltd

Respondent

Procedural Posture

Miscellaneous Application / Interlocutory Ruling on Application to Set Aside Default Judgment and for Leave to Defend

Legal Issues

  1. 1 Whether the Applicant was duly served with summons in the main suit as required by law.
  2. 2 Whether the default judgment entered against the Applicant should be set aside for lack of proper service.
  3. 3 Whether the Applicant has a plausible or meritorious defence to the Respondent's claim warranting leave to defend the suit.

Ratio Decidendi

The court found that there was no evidence of any attempt to serve the Applicant personally with summons as required by Order 5 rule 10 of the Civil Procedure Rules. Substituted service was ordered without first attempting personal service, rendering the service defective. Consequently, the default judgment entered against the Applicant was set aside as it was not based on effective service. However, the court noted that the Applicant's affidavit did not sufficiently set out the nature and extent of the intended defence as required by Order 36 rule 4, and the draft written statement of defence was only attached in rejoinder without supporting documents. The court therefore stayed the...

Court Disposition

Default judgment set aside; final decision on leave to defend stayed pending further evidence and compliance with court directions.

Orders

  • Default judgment and decree against the Applicant are set aside.
  • Respondent to furnish the Applicant with all requested loan and transaction documents within one week.