Atukwase Tigarson v Atisa Maria Knoll (Miscellaneous Application No. 2737 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court dismissed the miscellaneous application with costs under Order 9 Rule 22 of the Civil Procedure Rules where the applicant failed to attend court without showing cause. The court entered judgment as prayed in the plaint in the underlying civil suit.
Outcome
Application dismissed; judgment entered against applicant in underlying civil suit
Facts
The applicant Atukwase Tigarson filed a miscellaneous application arising from Civil Suit No. 1417 of 2024. The respondent Atisa Maria Knoll appeared through her attorney Shafik Senyonjo and was represented by counsel Higenyi Nasser Badru. On the hearing date, the applicant failed to attend court and gave no reason for non-attendance. Counsel for the respondent submitted that the applicant appeared to have lost interest in prosecuting the application and sought dismissal with costs under Order 9 Rule 22 of the Civil Procedure Rules and entry of judgment in the underlying civil suit.
Issues
- Whether the miscellaneous application should be dismissed for non-attendance of the applicant.
Orders
- Miscellaneous Application 2737 of 2024 dismissed with costs to the respondent.
- Judgment entered against the applicant/defendant as prayed in the plaint in Civil Suit No. 1417 of 2024.
Legislation cited (1)
- Civil Procedure Rules O.9 r.22
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.