Uganda Muslim Supreme Council v Nsamba (Civil Appeal 45 of 1996)
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Holding
On the appeal coming up for hearing, the appellant Council was absent despite having been served with the hearing notice on 10 April 1998 through its District Khadi, Mbarara, and no reason was shown for the default. On the respondents' counsel's application under Rule 99 of the Rules of the Court of Appeal, the Court dismissed the appeal for want of prosecution, with costs to the respondents.
Facts
When the appeal first came up on 27 January 1998 the appellant and its counsel were absent. The Court found the purported service of the appellant defective because the hearing notice appeared to have been served before it left the Registry and it was unclear whether the appellant's Office Superintendent was competent to receive service. The matter was accordingly adjourned for fresh service with no order as to costs. On 21 May 1998 the appellant was again absent. The record showed the appellant Council had been served on 10 April 1998 with the hearing notice for that date through its District Khadi, Mbarara. No reason was given for the default, and respondents' counsel applied for dismissal.
Issues
- Whether the appeal should be dismissed for the appellant's failure to appear and prosecute it after due service of the hearing notice.
Orders
- Appeal dismissed under Rule 99 of the Rules of the Court of Appeal.
- Costs of the appeal awarded to the respondents.