[2025] UGHCLD 19
The court found that the applicant had complied with the procedural requirements under Rule 6 of the Government Proceedings (Civil Procedure) Rules by serving the plaint and summons to file a defence on the respondent, with proof of service returned to court and acknowledged by the Attorney General's chambers. The...
Source-derived case information.
- Citation
- [2025] UGHCLD 19
- Parties
- Applicant: Dr. Apollo Kaggwa; Respondent: Attorney General
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application 2028 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Obtain Default Judgment
- Outcome
- application granted
- Judges
- Naluzze Aisha Batala, J
- Legal Topics
- Default Judgment, Government Proceedings, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Apollo Kaggwa
Applicant
Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Obtain Default Judgment
Legal Issues
- 1 Whether leave should be granted to the applicant to obtain a default judgement against the respondent.
Ratio Decidendi
The court found that the applicant had complied with the procedural requirements under Rule 6 of the Government Proceedings (Civil Procedure) Rules by serving the plaint and summons to file a defence on the respondent, with proof of service returned to court and acknowledged by the Attorney General's chambers. The respondent failed to file a written statement of defence within the prescribed period and did not contest the application. The court held that, in such circumstances, the applicant is entitled to leave to obtain a default judgment against the government, as there was no legal or procedural bar to granting the application. The absence of a defence and the clear evidence of...
Court Disposition
application granted
Orders
- The applicant is granted leave to obtain a default judgement against the respondent vide Civil Suit No.390 of 2024.
- No orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
# **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (LAND DIVISION) MISCELLENEAOUS APPLICATION NO.2028 OF 2024 (ARISING FROM CIVIL SUIT NO. 390 OF 2024) DR. APOLLO KAGGWA :::::::::::::::::::::::::::::::::::::::::: APPLICANT VERSUS**
**ATTORNEY GENERAL :::::::::::::::::::::::::::::::::::::::: RESPONDENT**
## **BEFORE; HON. LADY JUSTICE NALUZZE AISHA BATALA RULING**
### **Introduction;**
- 1. This was an application by way of Summons in Chamber brought under Section 98 of the Civil Procedure Act, Rule 6 of the Government proceedings (civil procedure rules), for orders that: - i) The applicant be granted leave to obtain a judgement in default of filing a defence against the Attorney general. - ii) The costs of the application be provided for.
### *Applicant's evidence;*
2. The application is supported by an affidavit deponed by the applicant which briefly states as follows;
- i) That I filed HCCS No. 390 of 2024 against the respondent and summons to file a defence were served onto the respondent. - ii) That the respondent has since not filed or ignored to file his written statement of defence within the time limits as required by law. - iii) That the respondent is not interested in the matter and it is within the interests of justice that the application be granted.
#### *Representation;*
3. The applicant was represented by Counsel Tumusime Ronald of M/S Cumberland Advocates and the respondent was represented by Counsel Hillary Nathan Ebira State Attorney from AGs Chambers. Only the applicant filed submissions which I have considered in the determination of this application.
## *Issues for determination;*
*Whether leave should be granted to the applicant to obtain a default judgement against the respondent?*
## *Resolution and determination of the issues;*
- 4. The government proceedings (civil procedure) rules under rule 6 is to the effect that a judgement shall not be entered and no order shall be made against the government in default of appearance or pleadings under any provisions of the principle rules without leave of court. - 5. Drawing reference to the decision of **Agasa Maingi vs Attorney General Case No. 95 of 2002** where Justice Katutsi held that in situations where there is proof of service against the Attorney General and the said proof is returned to court showing a received stamp by the chambers of the Attorney General then it can be inferred that the applicant has complied with rule 6 of the government proceedings (civil procedure rules). - 6. In the instant case the applicant prays for leave to obtain a default judgement against the respondent for failure to file a written statement of defence upon being served with the plaint and summons to file a defence. - 7. The applicant attached proof of service of the plaint and summons to file a defence and the said documents were stamped on the 17th of May 2024 by the respondent to indicate that indeed service was affected and a copy of the proof of service was returned to court.
- 8. The instant application was filed on the 29th of July 2024 that is more than two months ever since the respondent was served with summons to file a defence but he has never complied with the same. - 9. This court is of the finding that the applicant has made a case to grant him leave to obtain a default judgement against the respondent. - 10. Therefore, the instant application succeeds with the following orders; - i) That the applicant is granted leave to obtain a default judgement against the respondent vide Civil Suit No.390 of 2024 - ii) No orders as to costs.
**I SO ORDER**.
#### **NALUZZE AISHA BATALA**
#### **Ag. JUDGE**
#### **23rd/01/2025.**
## **Delivered Electronically via ECCMIS on the 23rd of January,**