[2017] UGCommC 129

[2017] UGCommC 129

The application to set aside the ex parte judgment was dismissed because the applicants failed to demonstrate that they were not effectively served; the evidence showed that the process server made reasonable efforts to serve them, and substituted service via newspaper was justified due to their unavailability. The 2nd applicant's affidavit was struck out for lack of proper verification under the Illiterates Protection Act, leaving his application unsupported. The 3rd applicant was found to be a guarantor based on his signature on the guarantee document, and his argument regarding the realisation of the mortgaged property was rejected since the respondent was prevented from auctioning the...

Citation
[2017] UGCommC 129
Parties
Applicant: Kencom (U) Limited; Applicant: Ernest Kayiira; Applicant: Wetase Frobisher Bifaki; Respondent: Eco Bank (U) Ltd
Court
Commercial Court of Uganda
Jurisdiction
Uganda
Judgment Date
26 October 2017
Case Number
Miscellaneous Application No. 148 of 2017
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application dismissed
Legal Topics
Setting Aside Exparte Judgment, Service of Process, Guarantee Liability, Mortgage Enforcement
Source Language
English
Civil Procedure Commercial and Corporate Setting Aside Exparte Judgment Service of Process Guarantee Liability Mortgage Enforcement

Case Brief

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Parties

Kencom (U) Limited

Applicant

Ernest Kayiira

Applicant

Wetase Frobisher Bifaki

Applicant

Eco Bank (U) Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the ex parte judgment and decree in HCCS No. 651 of 2014 should be set aside.
  2. 2 Whether the applicants were effectively served with summons.
  3. 3 Whether the applicants have a good defence to the suit.

Ratio Decidendi

The application to set aside the ex parte judgment was dismissed because the applicants failed to demonstrate that they were not effectively served; the evidence showed that the process server made reasonable efforts to serve them, and substituted service via newspaper was justified due to their unavailability. The 2nd applicant's affidavit was struck out for lack of proper verification under the Illiterates Protection Act, leaving his application unsupported. The 3rd applicant was found to be a guarantor based on his signature on the guarantee document, and his argument regarding the realisation of the mortgaged property was rejected since the respondent was prevented from auctioning the...

Court Disposition

application dismissed

Orders

  • The application to set aside the ex parte judgment and decree in HCCS No. 651 of 2014 is dismissed.
  • The application to set aside execution of decree is dismissed.