Court name
HC: Civil Division (Uganda)
Judgment date
24 January 2013

Nasira v Wantsala (HCT-04-CV-CR-2012/17) [2013] UGHCCD 11 (24 January 2013);

Cite this case
[2013] UGHCCD 11

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA

HOLDEN AT MBALE

 

HCT-04-CV-CR-0017-2012

(FROM BUBULO CIVIL SUIT NO. 69/2012)

 

NASIRA IRENE..………………………………………………                                                                                                                              APPLICANT

VERSUS

WANTSALA JAMES…………………………………………..                                                                                                                           RESPONDENT

 

BEFORE: THE HON. MR. JUSTICE STEPHEN MUSOTA

 

REVISION ORDER

 

I have perused the original record in view of the comments by the learned Chief Magistrate.  I noted that the procedure adopted by the learned trial Magistrate is unknown in law.  The whole process amounted to a mistrial and an abuse of court process.  The summons to file a defence were issued on 12.6.2012.  The same was purportedly served on the same day.  The defendant was given 21 days to file a defence.

 

Before the days expired a default judgment was entered on 9.7.2012.  It appears formal proof was done on 10.7.2012 and without a judgment a Notice to show cause was issued on the same day.  There is no evidence that Notice to show cause was served.  Two days later on 13.7.2012, a warrant of arrest in execution was issued.

 

In the circumstances I will have no hesitation in quashing and setting aside the proceedings of the trial Magistrate and orders.

 

A retrial in accordance with the law will be ordered before another Magistrate.

 

 

 

Stephen Musota

JUDGE

24.01.2013