Wakilii

Administrator General v NSSF and Others (Civil Appeal 19 of 2008)

Court of Appeal · [2017] UGCA 186 · 2017 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal called for hearing; dismissed for non-appearance of the appellant
Decision
Appeal dismissed for non-appearance of the appellant with costs to the respondents

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

When the appeal came up for hearing, only counsel holding brief for the 3rd respondent appeared, while all parties, including the appellant, were absent. Satisfied that the parties, including the appellant's advocates, had been duly served as shown by the affidavit of service on record, the Court dismissed the appeal under rule 100(1) of the Court of Appeal Rules, with costs to the respondents.

Outcome

Appeal dismissed for non-appearance of the appellant with costs to the respondents

Facts

The Administrator General appealed against a decision in a matter that, according to counsel holding brief for the 3rd respondent, concerned land said to have been sold to other parties and which counsel believed had been overtaken by events. When the appeal was called for hearing on 19 October 2017, only counsel holding brief for the 3rd respondent appeared, while the appellant and all other respondents were absent. The Court was satisfied from the affidavit of service on record that counsel for the parties, including the appellant's advocates (Kampala Associated Advocates), had been duly served with hearing notices.

Issues

  1. Whether the appeal should be dismissed for non-appearance of the appellant at the hearing.

Orders

  • Appeal dismissed under rule 100(1) of the Rules of the Court.
  • Costs to the respondents.

Rules and key headnotes

Civil Procedure — Appeals — Dismissal for Non-Appearance — Rule 100(1) of the Court of Appeal Rules
Where an appeal is called for hearing and the appellant fails to appear despite due service of the hearing notice, the Court may dismiss the appeal under rule 100(1) of the Rules of the Court.

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Administrator General v NSSF and Others (Civil Appeal 19 of 2008) [2017] UGCA 186 (19 October 2017)
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.