Wakilii

A.K.T Project Management Limited & 2 Others v DFCU Bank Limited & Another (Miscellaneous Application 2853 of 2023)

High Court · [2024] UGCOMMC 132 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal order and reinstate underlying civil suit
Decision
Application allowed; dismissal order set aside; underlying civil suit reinstated and set for hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the applicants demonstrated sufficient cause for non-appearance at the hearing on 27 October 2023 where they did not receive ECCMIS notification of the hearing date and had diligently followed up on the matter through correspondence and filed applications before a different judge unaware of reallocation. The dismissal order was set aside and the suit reinstated, with costs awarded to the first respondent who had complied with court directives.

Outcome

Application allowed; dismissal order set aside; underlying civil suit reinstated and set for hearing

Facts

The applicants filed Civil Suit No. 397 of 2020 which was dismissed on 27 October 2023 for non-appearance. The applicants' counsel had filed Miscellaneous Application No. 2046 of 2023 on 1 September 2023 and followed up with correspondence to the Registrar and chambers of Hon. Lady Justice Patricia Mutesi, believing the matter was allocated to her. Counsel did not receive ECCMIS notifications of hearing dates on 7 September, 19 October, and 27 October 2023. On 14 November 2023, counsel logged into ECCMIS and discovered the suit had been dismissed. The applicants brought this application to set aside the dismissal order. The first respondent opposed, contending the applicants were guilty of dilatory conduct and had not diligently prosecuted the suit since 2020.

Issues

  1. Whether there is sufficient cause to set aside the order of dismissal of HCCS No.397 of 2020.
  2. What are the available remedies to the parties.

Orders

  • The dismissal order of Civil Suit No.397 of 2020, A.K.T Project Management Ltd and 2 Others Vs DFCU Bank Ltd and another is hereby set aside.
  • Civil Suit No.397 of 2020, A.K.T Project Management Ltd and 2 Others Vs DFCU Bank Ltd and another is hereby reinstated.
  • Civil Suit No. 397 of 2020 is hereby set for hearing on 29th January 2024 at 9am.
  • Costs of the application are awarded to the 1st Respondent.

Rules and key headnotes

Civil Procedure — Setting Aside Dismissal — Sufficient Cause
Sufficient cause under Order 9 Rule 23 of the Civil Procedure Rules requires that the party had not acted in a negligent manner and there was no want of bona fide on its part, taking into account that the party cannot be alleged to have been not acting diligently or remaining inactive.
Civil Procedure — Setting Aside Dismissal — Counsel's Negligence
A litigant's right to a fair hearing enshrined in Article 28 of the Constitution should not be defeated on grounds of counsel's mistake, and a vigilant applicant should not be penalised for the fault of counsel on whose actions the applicant has no control.
Civil Procedure — Court Notices — ECCMIS System
Where an applicant demonstrates they did not receive ECCMIS notifications of hearing dates despite receiving notifications in other matters, and had taken diligent steps to follow up on the matter through correspondence and applications, this constitutes sufficient cause for non-appearance.

Legislation cited (6)

Cases cited (16)

  • Edirisa Kanonya and Another v Asuman Nsubuga and Others (High Court Miscellaneous Application No. 373 of 2022)
  • Bishop Kibuuka v The Uganda Catholic Lawyers Society & 2 Others (Miscellaneous Application No. 696 of 2018)
  • Gideon Mosa Onchwati Vs Kenya Oil Co. Ltd & Another [2017] eKLR
  • Norah Nakiride Vs Hotel International Ltd [1987] HCB 85
  • Parambot Breweries (U) Ltd v Standard Chartered Bank & Another (Miscellaneous Application No. 380 of 2021)
  • Sserubiri Frank and Others v Salama Jacques and Others (Miscellaneous Application No. 205 of 2021)
  • Florence Nabatanzi v Naome Binsobodde (Supreme Court Civil Application No. 6 of 1987)
  • Sipiriya Kyarulesire v Justine Bakanchulike Bagambe (Civil Appeal No. 20 of 1995)
  • Gideon Mosa Onchwati Vs Kenya Oil Co. Ltd and Anor Civil Suit No.140 of 2008 [2017) eKLR
  • Parimal Vs Veena Alias Bhati, (2011) 3 SCC 545
  • Captain Philip Ongom v Catherine Nyero Owota (Supreme Court Civil Appeal No. 14 of 2001)
  • Attorney General v AKPM Lutaaya (Supreme Court Civil Appeal No. 12 of 2002)
  • Godfrey Magezi and Brain Mbazira v Sudhir Ruparelia (Supreme Court Civil Application No. 10 of 2002)
  • Wandera Asuman and Another v Hajji Mawazi Wandera and Others (Civil Appeal No. 96 of 2017)
  • Noble Builders (U) Limited & Another v Jabal Singh Sandhu (Civil Application No. 15 of 2002)
  • Anthony Namboro and Fabiana Waburo Vs Henry Kaala [1975] HCB 315

Full judgment

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A.K.T Project Management Limited & 2 Others v DFCU Bank Limited & Another (Miscellaneous Application 2853 of 2023) [2024] UGCommC 132 (19 January 2024)
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.