Wakilii

Administrators of the Estate of the Late Luyombo Sulaiman v Muhwezi Isaac [2026] UGHCLD 101

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Miscellaneous application in the Land Division arising from Civil Appeal No. 114 of 2019 (itself arising from Civil Suit No. 80 of 2013), called for hearing in the absence of the applicant and its counsel
Decision
Miscellaneous application dismissed for non-appearance of the applicant and its counsel, with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where an application is called for hearing and neither the applicant nor its advocate attends, and no reason is offered for the non-attendance, the court may dismiss the application under Order 9 rule 22 of the Civil Procedure Rules. The court verified the absence of the applicant and its counsel from the court premises, accepted the respondent's oral prayer for dismissal, and dismissed the miscellaneous application with costs to the respondent. No substantive question arising from the underlying appeal or land dispute was determined.

Outcome

Miscellaneous application dismissed for non-appearance of the applicant and its counsel, with costs to the respondent

Facts

The applicants, administrators of the estate of the late Luyombo Sulaiman, filed a miscellaneous application arising from Civil Appeal No. 114 of 2019, which itself arose from Civil Suit No. 80 of 2013. On the date fixed for hearing, Mr. Victor Rushokoro appeared as attorney for the respondent and stated that he had learnt of the hearing date through ECCMIS. Neither the applicants nor their advocate attended, and the respondent was also personally absent. Counsel for the respondent prayed that the application be dismissed for non-appearance. The court verified that the applicants and their advocate were not within the court premises and that no reason had been given for their non-attendance.

Issues

  1. Whether the application should be dismissed where the applicant and its counsel failed to appear at the hearing without explanation.

Orders

  • The application is dismissed under O.9 r.22 of the Civil Procedure Rules.
  • Costs of the application awarded to the Respondent.

Rules and key headnotes

Civil Procedure — Non-Appearance at Hearing — Dismissal of Application under Order 9 rule 22 of the Civil Procedure Rules
An application may be dismissed with costs where, on the date fixed for hearing, neither the applicant nor the applicant's advocate appears and no explanation is offered for the non-attendance.

Legislation cited (1)

  • Civil Procedure Rules O.9 r.22

Full judgment

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

Administrators of the Estate of the Late Luyombo Sulaiman v Muhwezi Isaac [2026] UGHCLD 101 (17 March 2026)
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.