Kaluuya v Lwasa (Civil Application 50 of 2020)
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Holding
The applicant sought to set aside the dismissal of his appeal (Civil Appeal No. 101 of 2010), which had been dismissed for non-appearance, and to have it reinstated and heard on its merits. The respondent, though aware of the hearing, declined to attend, leaving the application uncontested. The Court of Appeal observed that the matter concerned a land dispute over a kibanja, that land disputes must be handled with care and finally resolved, and that it was in the interests of justice to allow the application. The application was allowed and the appeal reinstated, with costs in the cause.
Facts
The applicant's appeal (Civil Appeal No. 101 of 2010) had been dismissed for non-appearance on 11 June 2018, which the applicant says he discovered himself when he came to court. He sought reinstatement, asserting an interest in the appeal because it concerned a land dispute over his alleged ownership of a kibanja. The respondent, though aware of the hearing date, refused to attend in person or by counsel. The judgment notes this was not the first time the respondent had refused to come to court, having previously refused service at Kasekulo Fishing Landing Site, Bugoye, Kalangala District, telling the process server that he had won his case and would rather be arrested. The application accordingly stood uncontested.
Issues
- Whether the dismissal of the appeal for non-appearance should be set aside and the appeal reinstated and heard on its merits.
Orders
- Application allowed.
- Dismissal of the appeal set aside and the appeal reinstated for hearing on its merits.
- Costs in the cause.