Audu v Audu (Miscellaneous Application 25 of 2018)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed an application to reinstate a civil appeal that had been dismissed for want of prosecution. The court held that the applicant failed to adduce sufficient reason for non-appearance when the appeal was called. The applicant's claim that the file was misplaced was rejected as insufficient, as counsel should have taken necessary steps to ascertain hearing dates and could have availed a duplicate file. Each party was ordered to bear their own costs.
Outcome
Application for reinstatement dismissed; appeal remains dismissed for want of prosecution
Facts
The applicant filed a notice of appeal and memorandum of appeal in 2015 against a judgment of the Apac Magistrates Court. The appeal was dismissed on 26 March 2018 for want of prosecution under Order 17 Rule 6 of the Civil Procedure Rules, in the absence of the parties. The applicant claimed he was not notified of the hearing date and that the appeal file had been misplaced in the registry. He applied for reinstatement under Rule 99(2) of the Court of Appeal Rules, arguing he was prevented by sufficient cause from appearing. The respondent raised a preliminary objection that the appeal was incompetent for failure to serve notice of appeal and memorandum of appeal, and that the proper remedy was review, not reinstatement.
Issues
- Whether the applicant was prevented by sufficient cause from appearing when the appeal was called for hearing, warranting reinstatement under Rule 99(2) of the Court of Appeal Rules.
- Whether the appeal was competent, having regard to alleged failure to serve notice of appeal and memorandum of appeal on the respondent.
Orders
- Application dismissed.
- Each party to bear their own costs.
Rules and key headnotes
Legislation cited (6)
- Civil Procedure Rules Order 17 Rule 5
- Civil Procedure Rules Order 17 Rule 6
- Court of Appeal Rules Rule 99(2)
- Court of Appeal Rules Rule 99(5)
- Civil Procedure Act s.98
- Judicature Act s.33
Cases cited (1)
- National Insurance Corporation v Mugenyi & Co. Advocates [1987] HCB 284
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.