Mugerwa v Muzzha (Miscellaneous Application No. 2156 of 2024) [2025] UGHC 250 (30 April 2025)

Full Case Text

## THE REPUBLIC OF UGANDA

## IN THE HIGH COURT OF UGANDA AT KAMPALA

(LAND DTVTSTON)

MISCELLANEOUS APPLICATION No. 2156 OF 2024

(ARISING FROM clvlL SUIT No. 468 OF 2021)

MUGERWA GEOFFREY-----------..-. APPLICANT

VERSUS

MUZZHA ZEDEKIAH---.-----------------. RES PONDENT

## Before: Hon. Ladv Justice Olive Kazaarwe Mukwava

## RULING

This Application is brought under section 98 of the Civil Procedure Act, Order 9 rule 27, Ordet S rule 10 and Order 52 rule 1 & 3 of the Civil Procedure Rules S.l 71-1 seeking for orders to set aside the ex parte judgmenvdecree of this Court in Civil Suit No 468 of 2021 against the Applicant, stay of execution of the decree and costs of this application.

Mr. l\4ugerwa Geoffrey's grounds for this application are contained in his affidavit in support. His complaint is that he was never served with summons to file a defence nor any court summons. A lapse which locked him out the proceedings. lt is only when he was contacted by the Respondent who threatened to evict him that he came to learn of 25 this suit.

This application is brought to remedy what the Applicant refers to as the Respondent's fraud and allow the matter to be heard on its merits.

The Respondent, Mr. l\,luzzha zedekiah, vehemently opposed the application He averred that Mr. MugeMa was duly represented by M/S Ambrose Tebyasa & co' Advocates' A

s joint Written Statement of Defence was filed on the 23'd June 2021 by the law firm' They represented both Mr. lvlugerwa and Millennium Estates Developers Ltd' the Defendants to the suit.

lfindthat,whereastheRespondentcontinuesatlengthfromthispointtolistotherreasonS why this application lacks merit' I find that the existence of Mr' Mugerwa's Written 10 Statement of Defence on this Court's record is more than sufficient to demonstrate that his affidavit contained a blatant lie. This fundamental untruth immediately rendered his application untenable and unmerited. Affidavits containing falsehoods reflect their maker's absolute lack of interest in the truth And since truth is the only acceptable currency in a Court of law persons who go out of their way to deliberately deceive the 15 Court are not welcome. See: Besigye Kiiza v Museveni Yoweri Kaguta and Another [2001] ucsc 3.

Accordingly, this application is dismissed with costs having been premised on an affidavit containing a fundamental falsehood'

Olive Kazaarwe Mukwaya JUDGE 30th April 2025

Delivered by ECCMIS