Bosa David v Post Bank Uganda Ltd (Arbitration Cause No 0001 of 2018)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed an arbitration cause that had been on the court system for eight years where both parties failed to appear when the matter was called for hearing. The court exercised its discretion under Order 17 rule 4 of the Civil Procedure Rules, holding that failure to appear constitutes failure to take steps necessary to advance the case, justifying immediate determination and dismissal.
Outcome
Arbitration cause dismissed for non-prosecution
Facts
The arbitration cause was filed in 2018. The matter was cause-listed and hearing notices were issued on 9th February 2026 via ECCMIS with court sittings created. When the matter was called on for hearing on the scheduled dates, neither the applicant nor the respondent appeared. The suit had been on the court system for eight years with no indication of its current status owing to the non-appearance of the party who lodged it.
Issues
- Whether the court should dismiss the suit where parties failed to appear when the matter was called on for hearing after eight years on the court system.
Orders
- Suit dismissed pursuant to Order 17 rule 4 of the Civil Procedure Rules.
Legislation cited (1)
- Civil Procedure Rules O.17 r.4
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.