[2023] UGHCFD 194

[2023] UGHCFD 194

The Court found that the Applicant's Affidavit in support was gravely defective, as it was not based on facts within his own knowledge and failed to disclose the source of information. Despite this, the Court considered the Application on its merits. The Court determined that the judgment in Divorce Cause No. 02 of 2018 was a default judgment, not an ex parte judgment, and that the Applicant had been duly served but failed to file a proper reply. The Court held that the Applicant did not provide justifiable reasons for setting aside the judgment or for reinstating the suit. The right to be heard had been accorded through repeated opportunities, which were abused by the Applicant. The...

Citation
[2023] UGHCFD 194
Parties
Applicant: John Kaddu Bwabye; Respondent: Teddy Kyeyune Kaddu
Court
HC: Family Division (Uganda)
Jurisdiction
Uganda
Judgment Date
5 October 2023
Case Number
Miscellaneous Application 86 of 2023
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application dismissed
Judges
Komuhangi, J
Legal Topics
Divorce Proceedings, Default Judgment, Right to Be Heard, Affidavit Defects
Source Language
English
Family and Children Civil Procedure Divorce Proceedings Default Judgment Right to Be Heard Affidavit Defects

Case Brief

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Parties

John Kaddu Bwabye

Applicant

Teddy Kyeyune Kaddu

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the Judgment and/or Decree and Orders of Court in Divorce Cause No. 02 of 2018 should be set aside.
  2. 2 Whether Divorce Cause No. 02 of 2018 should be reinstated and heard on its own merits.
  3. 3 What remedies are available to the parties.

Ratio Decidendi

The Court found that the Applicant's Affidavit in support was gravely defective, as it was not based on facts within his own knowledge and failed to disclose the source of information. Despite this, the Court considered the Application on its merits. The Court determined that the judgment in Divorce Cause No. 02 of 2018 was a default judgment, not an ex parte judgment, and that the Applicant had been duly served but failed to file a proper reply. The Court held that the Applicant did not provide justifiable reasons for setting aside the judgment or for reinstating the suit. The right to be heard had been accorded through repeated opportunities, which were abused by the Applicant. The...

Court Disposition

application dismissed

Orders

  • This Application is wholly dismissed with costs.