SETTING ASIDE AN EX-PARTE JUDGMENT IN UGANDA
IS IT POSSIBLE TO SET ASIDE AN EX-PARTE JUDGMENT? Often times in my interactions with law students, I have been asked questions like; what can I do for my client if the other party obtains an ex parte judgment in my absence? To clear the inquisitiveness, I have published the approach for this situation; Order 21 rule 1 requires that in suits where a hearing is necessary, the court, after the case has been heard, shall pronounce judgment in open court, either at once or on some future day, of which due notice shall be given to the parties or their advocates. However, it’s trite to note that in certain instances, only one party could be available in court. A judgment once pronounced in such a situation is referred to as an ex parte judgment. Court may decide to proceed with for instance the plaintiff’s matter when the defendant refuses or by any other reason, fails to enter appearance in courts of law. A judgment per se, is construed to me...