[2014] UGHCCD 11

[2014] UGHCCD 11

The court found that although the applicant claimed to have filed an application for leave to appear and defend, there was no evidence on the court record to support this. The Deputy Registrar and Clerk diligently checked the file before entering default judgment and found no pending application. The applicant failed to provide a cogent or sufficient reason for not taking the necessary steps in time. The affidavit in support of the application was also found to be incompetent as it was not properly commissioned or signed. The court held that the applicant and counsel did not furnish sufficient cause for setting aside the default judgment or for granting leave to defend. Consequently, the...

Citation
[2014] UGHCCD 11
Parties
Applicant: Musa Sbeity & Anor; Respondent: Akello Joan
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
24 January 2014
Case Number
Miscelleanous Application N0. 585 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Default Judgment and for Leave to Defend
Outcome
application dismissed
Legal Topics
Default Judgment, Leave to Defend, Sufficient Cause, Affidavit Irregularities
Source Language
English
Civil Procedure Default Judgment Leave to Defend Sufficient Cause Affidavit Irregularities

Case Brief

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Parties

Musa Sbeity & Anor

Applicant

Akello Joan

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the default judgment and decree entered on 22/11/13 should be set aside for good cause.
  2. 2 Whether the applicants should be granted unconditional leave to defend the main suit.
  3. 3 Whether the affidavit in support of the application was competent.

Ratio Decidendi

The court found that although the applicant claimed to have filed an application for leave to appear and defend, there was no evidence on the court record to support this. The Deputy Registrar and Clerk diligently checked the file before entering default judgment and found no pending application. The applicant failed to provide a cogent or sufficient reason for not taking the necessary steps in time. The affidavit in support of the application was also found to be incompetent as it was not properly commissioned or signed. The court held that the applicant and counsel did not furnish sufficient cause for setting aside the default judgment or for granting leave to defend. Consequently, the...

Court Disposition

application dismissed

Orders

  • The application to set aside the default judgment is dismissed.
  • Costs of the application are awarded to the respondent, to be paid personally by counsel for the applicant.