Wakilii

Anywar and Another v Alioma and 3 Others (Civil Suit 27 of 2015)

High Court · [2023] UGHCCD 310 · 2023 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for libel and defamation, dismissed for non-appearance at hearing
Decision
Suit dismissed for non-appearance of parties

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed a civil suit for libel and defamation under Order 9 Rule 17 of the Civil Procedure Rules for non-appearance of both parties and their counsel at the scheduled hearing. The court was satisfied that service had been duly effected by substituted service through affixing the hearing notice to the court notice board as ordered, but neither party attended the hearing fixed for October 16, 2023.

Outcome

Suit dismissed for non-appearance of parties

Facts

The plaintiffs filed a civil suit for libel and defamation on 2 July 2015. The defendants filed their written statements of defence in July and August 2015. On 23 May 2019, the matter was referred to mediation with the Deputy Registrar appointed as mediator, but no mediation report was filed. The last proceedings before dismissal were on 18 March 2020, when the matter was adjourned to 6 July 2020 for hearing. No further proceedings occurred thereafter. On 26 September 2023, the court ordered substituted service by affixing the hearing notice to the High Court Gulu notice board. On 16 October 2023, when the matter came up for hearing, neither the plaintiffs and their counsel nor the defendants and their counsel appeared, despite proof of proper service.

Issues

  1. Whether service by way of substituted service was duly effected on the parties.
  2. Whether the suit should be dismissed for non-appearance of the parties at the scheduled hearing.

Orders

  • Civil Suit No. 27/2015 is hereby dismissed under Order 9 Rule 17 of the Civil Procedure Rules, SI 71-1 for non-appearance of the Parties.
  • Each Party shall bear its own costs.

Legislation cited (3)

Full judgment

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Anywar and Another v Alioma and 3 Others (Civil Suit 27 of 2015) [2023] UGHCCD 310 (16 October 2023)
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.