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Daimond Trust Bank Uganda Ltd v Muchope (Civil Application No. 131 of 2009)

Court of Appeal · [2019] UGCA 9 · 2019 Application Allowed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application to set aside the dismissal of a civil appeal for want of prosecution and to reinstate it
Decision
Application allowed; dismissal of Civil Appeal No. 82 of 2006 set aside and appeal reinstated for hearing on its merits

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Holding

The Court of Appeal held that the negligence, mistake or inadvertence of counsel ought not to be visited on a litigant unless the litigant was privy to the conduct or failed to give timely instructions. Counsel had admitted that the appeal was dismissed for want of prosecution due to his own negligence in failing to file joint scheduling notes and submissions on time, with no fault attributable to the applicant. The applicant had acted promptly in filing the application and remained vigilant in pursuing it. The Court exercised its discretion to set aside the dismissal and allow the appeal to be heard on its merits, making no order as to costs.

Facts

Civil Appeal No. 82 of 2006 came up for hearing on 4 May 2009 in the presence of both counsel. The appeal did not proceed because the appellant had filed a supplementary record of appeal and scheduling was incomplete. The Court ordered the parties to file joint scheduling notes by 14 May 2009 and set a timetable for submissions. The appellant's lead counsel was engaged and asked an assistant advocate to handle the scheduling notes and submissions. The assistant inadvertently failed to note the dates, so no joint scheduling notes or submissions were filed. The matter was set down for ruling and on 26 August 2009 the appeal was dismissed for want of prosecution. The applicant filed this application to set aside the dismissal on 21 September 2009 and thereafter wrote numerous letters to the Court requesting a hearing date.

Issues

  1. Whether the applicant has shown sufficient reason to set aside the dismissal of Civil Appeal No. 82 of 2006 for want of prosecution and have it reinstated.

Orders

  • The application is allowed.
  • The dismissal of Civil Appeal No. 82 of 2006 is set aside.
  • No order as to costs.

Key headnotes

Civil Procedure — Mistake or Negligence of Counsel — Whether Visited on the Litigant
The omission, mistake, inadvertence or dilatory conduct of counsel ought not to be visited on a litigant so as to defeat the litigant's interests, except where it is shown that the litigant was privy to such conduct or failed to give proper instructions to counsel in time.
Civil Procedure — Setting Aside Dismissal for Want of Prosecution — Sufficient Reason and Court's Discretion
Where an appeal is dismissed for want of prosecution due to counsel's admitted negligence not attributable to the litigant, and the litigant acts promptly and diligently in seeking reinstatement, the court may exercise its discretion to set aside the dismissal and allow the appeal to be heard on its merits.

Cases cited (4)

  • Attorney General v AKPM Lutaaya (Civil Appeal No. 12 of 2007)
  • Godfrey Magezi and Brian Mbazira v Sudhir Rupaleria (Civil Appeal No. 16 of 2001)
  • Crane Finance Co. Ltd v Makerere Properties (Civil Appeal No. 11 of 2001)
  • Mulowooza & Bros Ltd v N. Shah & Co. Ltd (Civil Appeal No. 20 of 2010)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.