Batambuze v Bukenya (Miscellaneous Application 1319 of 2022)

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 proper remedy for a party whose appeal is dismissed for want of prosecution under Order 43 rule 37 of the Civil Procedure Rules is to appeal against the dismissal order, not to apply for readmission, unless exceptional circumstances warrant exercise of the court's inherent powers. The applicant failed to demonstrate such exceptional circumstances or explain the lack of follow-up for over a year before dismissal.

Outcome

Application to set aside dismissal of appeal dismissed with costs to the respondent

Facts

The applicant sought to set aside an order dismissing Civil Appeal No. 78 of 2018 for want of prosecution and to have the appeal reinstated. The appeal arose from Chief Magistrates Court of Nabweru Civil Suit No. 164 of 2004. The appeal was initially allocated to Justice Yasin Nyanzi and later re-allocated to Justice Immaculate Busingye. When the appeal came up for hearing on 28 August 2019, neither party appeared and it was adjourned to 21 January 2020. On that date, counsel for the appellant appeared but the respondent was absent. The matter was adjourned to 31 March 2020, during the COVID-19 lockdown period. The applicant's lawyers wrote letters on 3 March 2021 and 8 April 2021 requesting hearing dates. On 9 May 2022, the appeal came up for hearing and was dismissed for want of prosecution. The applicant argued that he had not been served with hearing notices and that delays were caused by a miscellaneous application challenging the appeal's competency and by re-allocation of the matter between judges.

Issues

1. Whether the order dismissing Civil Appeal No. 78 of 2018 should be set aside and the appeal reinstated and heard on its merits.

Orders

• Application dismissed.
• Costs awarded to the respondent.

Rules and key headnotes

Legislation cited (4)

• Judicature Act Cap. 13 s.33
• Civil Procedure Act Cap. 71 s.98
• Civil Procedure Rules SI 71-1 Order 52 rules 1 & 2
• Civil Procedure Rules Order 43 rule 37

Cases cited (3)

• Gold Beverages (U) Ltd v Muhangura Kenneth and Another (Miscellaneous Application No. 674 of 2019)
• Moses Makubuya v Naluddu Beatrice (Miscellaneous Application No. 805 of 2021)
• Kigozi Andrew as Mukasa Ronald (Miscellaneous Application No. 1576 of 2022)

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