Wakilii

Bishop Jacinto Kibuuka v Uganda Catholic Lawyers Society and 2 Others (Misc. Application No.696 of 2018)

High Court · [2019] UGHCCD 296 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal of previous miscellaneous application and for reinstatement to be heard on merits
Decision
Dismissal order set aside; underlying application reinstated for hearing on merits

Observed later treatment

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Holding

Held that the inadvertent failure of counsel to attend court or inform the applicant of a hearing date constitutes sufficient cause under Order 9 Rule 23 of the Civil Procedure Rules to set aside dismissal and reinstate an application. A litigant should not be penalised for counsel's mistake, negligence, or omission when the litigant has acted diligently. The administration of justice requires that disputes be decided on their merits rather than on procedural technicalities arising from counsel's inadvertence.

Outcome

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

Facts

The applicant filed Misc. Cause No. 414 of 2017 challenging private criminal proceedings as an infringement of his freedom of religion. During pendency, he filed Misc. Application No. 850 of 2017 for temporary injunctive orders. The parties negotiated a settlement, but a consent withdrawal order was signed based on an outdated draft that did not reflect the applicant's lawyers' input, contrary to the applicant's interests. The applicant then filed Misc. Application No. 039 of 2018 to set aside the consent withdrawal. When that application came up for hearing on 1 November 2018, the applicant's counsel did not attend due to illness and did not brief another lawyer or inform the applicant. The application was dismissed for non-appearance. The applicant subsequently filed the present application (No. 696 of 2018) to set aside the dismissal and reinstate Application No. 039 of 2018.

Issues

  1. Whether the applicant demonstrated sufficient cause to warrant setting aside the dismissal of Misc. Application No. 039 of 2018.
  2. Whether the failure of counsel to attend court or inform the applicant of the hearing date constitutes sufficient cause for reinstatement.

Orders

  • Application allowed.
  • Order of dismissal of Misc. Application No. 039 of 2018 set aside.
  • Misc. Application No. 039 of 2018 reinstated.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Setting Aside Orders — Sufficient Cause — Counsel's Failure to Attend
The inadvertent failure of counsel to attend court or to inform the client of a hearing date constitutes sufficient cause for setting aside a dismissal order under Order 9 Rule 23 of the Civil Procedure Rules, and a litigant should not be penalised for mistakes, negligence, or omissions by counsel.
Civil Procedure — Sufficient Cause — Meaning and Scope
The term 'sufficient cause' should receive a liberal construction to advance substantial justice where no negligence, inaction, or want of bona fides is imputed to the applicant, and encompasses any adequate reason that suffices to accomplish justice in the facts and circumstances of a case.
Civil Procedure — Proof of Illness — Medical Documentation
It is not a requirement of law that a party proving illness must produce medical documents; a party may have been unwell and opted to rest or take simple medication without seeking formal medical attention, and such evidence may be adduced by affidavit under Order 19 Rule 3 of the Civil Procedure Rules.

Legislation cited (6)

Cases cited (13)

  • Gideon Mosa Onchwati v Kenya Oil Co Ltd and Another [2017] eKLR
  • Parimal vs Veena
  • Banco Arabe Espanol v Bank of Uganda (SCCA No. 8 of 1998)
  • Canster Rags (U) Ltd v Stanbic Bank (U) Ltd and Another (Misc. Application No. 401 of 2014)
  • Florence Nabatanzi v Naome Binsobodde (SC Civil Application No. 6 of 1987)
  • Sipiriya Kyaturesire v Justine Bakachulike Bagambe (CA No. 20 of 1995)
  • Mugo vs. Wanjiru (Supra)
  • Essaji vs. Solanki (supra)
  • Attorney General vs. Oriental Construction Limited (supra)
  • Kaderbhai and Another v Shamsherali and Others (SC Civil Application No. 20 of 2008)
  • Attorney General v AKPM Lutaaya (SCCA No. 12 of 2007)
  • Godfrey Mageze and Brian Mbazira v Sudhir Ruparelia (SCC Application No. 10 of 2002)
  • Joel Kato and Another v Nuulu Nalwoga (Misc. Application No. 04 of 2012)

Full judgment

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

Bishop Jacinto Kibuuka v Uganda Catholic Lawyers Society and 2 Others (Misc. Application No.696 of 2018) [2019] UGHCCD 296 (11 April 2019)
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.