[2023] UGHCCD 290

[2023] UGHCCD 290

The court found that the applicant failed to establish any of the recognized grounds for setting aside a consent judgment. The alleged illegality was not proved, as the respondent was not a company and thus not a money lender under the 2016 Act, and there was no evidence that the consent sum included illegal interest. The court held that individuals may lend money to acquaintances and agree on interest without falling foul of the law, provided they are not carrying on a money lending business. No misrepresentation or concealment of material facts was established, as the applicant was aware of the terms and voluntarily entered into the consent. The lack of a filed defence did not deprive...

Citation
[2023] UGHCCD 290
Parties
Applicant: Olara Denis Michael; Respondent: Omony Stephen Khesmodel
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
5 October 2023
Case Number
Miscellaneous Application 1 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Consent Judgment
Outcome
application dismissed with costs
Judges
Okello, J
Legal Topics
Consent Judgment, Setting Aside Judgments, Loan Agreements, Misrepresentation, Illegality, Locus Standi
Source Language
English
Civil Procedure Commercial and Corporate Consent Judgment Setting Aside Judgments Loan Agreements Misrepresentation Illegality Locus Standi

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 19 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Olara Denis Michael

Applicant

Omony Stephen Khesmodel

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Consent Judgment

Legal Issues

  1. 1 Whether a ground exists for setting aside the consent judgment executed by the parties in Civil Suit No. 36 of 2021.
  2. 2 Whether time ought to be enlarged for filing of the Written Statement of Defence in Civil Suit No. 36 of 2021.
  3. 3 What remedies are available to the parties.

Ratio Decidendi

The court found that the applicant failed to establish any of the recognized grounds for setting aside a consent judgment. The alleged illegality was not proved, as the respondent was not a company and thus not a money lender under the 2016 Act, and there was no evidence that the consent sum included illegal interest. The court held that individuals may lend money to acquaintances and agree on interest without falling foul of the law, provided they are not carrying on a money lending business. No misrepresentation or concealment of material facts was established, as the applicant was aware of the terms and voluntarily entered into the consent. The lack of a filed defence did not deprive...

Court Disposition

application dismissed with costs

Orders

  • The application to set aside the consent judgment is dismissed.
  • The application for enlargement of time to file a Written Statement of Defence is dismissed.