Wakilii

Amon Sendagala v Sarah Namugwanya [2026] UGHCLD 204

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion for stay of execution of a decree pending appeal, called on for hearing in the High Court Land Division
Decision
Application for stay of execution dismissed for non-appearance; costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The applicant sought a stay of execution of the decree in Civil Suit No. 0694 of 2018 pending appeal. On the appointed hearing date, of which the parties had been notified by a hearing notice uploaded on ECCMIS, neither the applicant nor his advocate appeared or explained the absence, while the respondent appeared through counsel having filed an affidavit in reply. The court applied Order 9 rule 22 of the Civil Procedure Rules, which requires dismissal where the defending party appears and the party prosecuting the matter does not, and dismissed the application for non-appearance. Costs were awarded to the respondent, who had incurred expense in filing an affidavit in reply and attending court.

Outcome

Application for stay of execution dismissed for non-appearance; costs to the respondent

Facts

The applicant filed a notice of motion on 21 October 2025 through ECCMIS seeking to stay execution of the decree or orders arising from the judgment against him in Civil Suit No. 0694 of 2018, pending appeal. The application also arose in connection with EMA No. 0176 of 2025. The respondent filed an affidavit in reply on 22 May 2026. A hearing notice informing the parties that the application would be heard on 2 June 2026 at 8:00am was uploaded on ECCMIS on 20 May 2026. When the matter was called on that date, neither the applicant nor his advocate attended, and no reason for the absence was communicated to the court. The respondent attended in person and was represented by counsel, who applied for dismissal of the application under Order 9 rule 22 of the Civil Procedure Rules.

Issues

  1. Whether the application for stay of execution should be dismissed under Order 9 rule 22 of the Civil Procedure Rules where the applicant and his counsel failed to appear at the hearing without explanation.

Orders

  • The Application is dismissed under Order 9, Rule 22 of the Civil Procedure Rules SI 71-1 for non-appearance of the Applicant to prosecute the Application.
  • Costs are awarded to the Respondent.

Rules and key headnotes

Civil Procedure — Non-Appearance at Hearing — Dismissal under Order 9 rule 22 of the Civil Procedure Rules
Where the party defending a matter appears at the hearing and the party prosecuting it does not appear and offers no explanation, the court shall dismiss the matter under Order 9 rule 22 of the Civil Procedure Rules, and this applies equally to an application prosecuted by notice of motion.
Civil Procedure — Costs — Costs on Dismissal for Non-Appearance
A respondent who has filed an affidavit in reply and attended the hearing has incurred expense in defending the application and is entitled to costs when the application is dismissed for the applicant's non-appearance.

Legislation cited (1)

Full judgment

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Amon Sendagala v Sarah Namugwanya [2026] UGHCLD 204 (2 June 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.