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Bisangwa Kasimba Josephat and Bisons Consult International Limited v Diamond Trust Bank (U) Limited and Trust Auctioneers and General Bailiffs [2025] UGCOMMC 290

High Court · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal order and reinstate application for hearing on merits
Decision
Dismissal order set aside and underlying application reinstated for hearing on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that counsel's medical incapacitation constituted sufficient cause for non-appearance. The term sufficient cause depends on the circumstances of each case and must relate to the inability to take a particular step in time. Medical evidence showing counsel was indisposed on the hearing date demonstrated sufficient cause. The Court exercised inherent powers to set aside the dismissal order in the interest of justice.

Outcome

Dismissal order set aside and underlying application reinstated for hearing on merits

Facts

The applicants brought an application to set aside a dismissal order in Miscellaneous Application No. 0445 of 2022, which arose from Civil Suit No. 0429 of 2019. The underlying application had been dismissed for non-appearance on 27th January 2023. The applicants contended their counsel was physically incapacitated from attending court on that date. They adduced a medical form dated 15th January 2023 in support. The respondents argued the applicants and counsel were guilty of dilatory conduct, having filed the present application after one year, and had not demonstrated sufficient cause.

Issues

  1. Whether the Applicants were prevented by sufficient cause from appearing in Miscellaneous Application No. 0445 of 2022 when it was called for hearing

Orders

  • The dismissal order in Miscellaneous Application No. 0445 of 2022 is set aside
  • Miscellaneous Application No. 0445 of 2022 is reinstated and shall be heard on merits
  • Costs shall be in the cause

Rules and key headnotes

Civil Procedure — Setting Aside Orders — Sufficient Cause — Medical Incapacity
The term 'sufficient cause' for setting aside a dismissal order depends on the circumstances of each case and must relate to the inability or failure to take a particular step in time. Medical incapacity of counsel preventing court attendance constitutes sufficient cause.
Civil Procedure — Burden of Proof — Sufficient Cause
An applicant seeking to set aside a dismissal order bears the burden of proving sufficient cause for non-appearance by adducing evidence demonstrating the inability to attend court.
Civil Procedure — Inherent Powers — Interest of Justice
The Court may invoke its inherent powers under section 98 of the Civil Procedure Act to make orders in the interest of justice, including setting aside dismissal orders to enable determination of all issues between parties and avoid multiplicity of suits.

Legislation cited (7)

Cases cited (2)

  • Florence Nabatanzi v Naome Zinsobedde (Supreme Court Criminal Appeal No. 5 of 1997)
  • Jovelyn Barugahare v Attorney General (Supreme Court Criminal Appeal No. 28 of 1993)

Full judgment

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

Bisangwa Kasimba Josephat and Bisons Consult International Limited v Diamond Trust Bank (U) Limited and Trust Auctioneers and General Bailiffs 2025 UGCommC 290 (13 March 2025)
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.