[2016] UGHCFD 14

[2016] UGHCFD 14

The court found that the applicant's affidavit was unreliable and contained falsehoods, particularly regarding the alleged filing of witness statements, which were not present on the court record. The hearing dates were clearly fixed and communicated as 28th January and 25th February 2016, and the applicant's absence on the first date was not justified by credible evidence. The court held that the orders made under Order 17 rules 3 & 4 were decisions on the merits, rendering the applicant's prayer to have the case heard on the merits redundant. The application to set aside the ex parte orders and stay judgment was therefore dismissed, as the applicant failed to demonstrate sufficient...

Citation
[2016] UGHCFD 14
Parties
Applicant: Mayanja Joshua Kajubi; Respondent: Wasswa Amon Bwogi; Respondent: Katto William Kajubi
Court
HC: Family Division (Uganda)
Jurisdiction
Uganda
Judgment Date
5 May 2016
Case Number
Miscellaneous Application No 44 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Ex Parte Orders and Stay Judgment
Outcome
application dismissed with costs
Judges
Tuhaise, J
Legal Topics
Ex Parte Orders, Setting Aside Orders, Adjournment Procedure, Witness Statements Filing
Source Language
English
Civil Procedure Family and Children Ex Parte Orders Setting Aside Orders Adjournment Procedure Witness Statements Filing

Case Brief

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Parties

Mayanja Joshua Kajubi

Applicant

Wasswa Amon Bwogi

Respondent

Katto William Kajubi

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Ex Parte Orders and Stay Judgment

Legal Issues

  1. 1 Whether the orders made under Order 17 rules 3 & 4 of the Civil Procedure Rules should be set aside.
  2. 2 Whether the applicant's absence and alleged confusion over hearing dates justified setting aside the ex parte orders.
  3. 3 Whether the applicant's affidavit evidence regarding filing of witness statements was credible.

Ratio Decidendi

The court found that the applicant's affidavit was unreliable and contained falsehoods, particularly regarding the alleged filing of witness statements, which were not present on the court record. The hearing dates were clearly fixed and communicated as 28th January and 25th February 2016, and the applicant's absence on the first date was not justified by credible evidence. The court held that the orders made under Order 17 rules 3 & 4 were decisions on the merits, rendering the applicant's prayer to have the case heard on the merits redundant. The application to set aside the ex parte orders and stay judgment was therefore dismissed, as the applicant failed to demonstrate sufficient...

Court Disposition

application dismissed with costs

Orders

  • The application to set aside the orders made under Order 17 rules 3 & 4 of the Civil Procedure Rules is dismissed.
  • The prayer to stay judgment pending determination of the application is rendered redundant and not granted.