[2020] UGCommC 169

[2020] UGCommC 169

The court found that a default judgment had already been entered against the applicants on 15th February 2023, and as such, the applicants no longer had an opportunity to defend the suit unless the default judgment was set aside. The application for leave to appear and defend was therefore overtaken by events. The court emphasized that the only way for the applicants to defend the suit would be to first apply to set aside the default judgment. Since no such application was made, the present application could not be entertained and was dismissed with costs to the respondent.

Citation
[2020] UGCommC 169
Parties
Applicant: Watujo Agro Produce Ltd; Applicant: Tusubira Utatsswa Joseph; Respondent: Centenary Rural Development Bank Ltd
Court
Commercial Court of Uganda
Jurisdiction
Uganda
Judgment Date
1 September 2020
Case Number
Miscellaneous Application 479 of 2023
Procedural Posture
Miscellaneous Application / Ruling on Application for Unconditional Leave to Appear and Defend
Outcome
application dismissed
Judges
Kahigi Asiimwe, J
Legal Topics
Summary Procedure, Default Judgment, Leave to Appear and Defend, Loan Repayment Dispute
Source Language
English
Civil Procedure Banking and Finance Summary Procedure Default Judgment Leave to Appear and Defend Loan Repayment Dispute

Case Brief

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Parties

Watujo Agro Produce Ltd

Applicant

Tusubira Utatsswa Joseph

Applicant

Centenary Rural Development Bank Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Unconditional Leave to Appear and Defend

Legal Issues

  1. 1 Whether the applicants raise triable issues to warrant granting of unconditional leave to appear and defend.
  2. 2 Whether the application for leave to appear and defend was filed within the prescribed time under the Civil Procedure Rules.
  3. 3 Whether the default judgment entered against the applicants precludes them from defending the suit.

Ratio Decidendi

The court found that a default judgment had already been entered against the applicants on 15th February 2023, and as such, the applicants no longer had an opportunity to defend the suit unless the default judgment was set aside. The application for leave to appear and defend was therefore overtaken by events. The court emphasized that the only way for the applicants to defend the suit would be to first apply to set aside the default judgment. Since no such application was made, the present application could not be entertained and was dismissed with costs to the respondent.

Court Disposition

application dismissed

Orders

  • The application for unconditional leave to appear and defend is dismissed.
  • Costs of the application are awarded to the respondent.