Charles Muhumuza v DFCU Bank Limited (Miscellaneous Application 1744 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court dismissed three miscellaneous applications for non-appearance of the applicant and his counsel. Costs were awarded to the respondent in two of the three applications where affidavits in reply had been filed.
Outcome
All three applications dismissed for non-appearance of the applicant
Facts
The applicant Charles Muhumuza filed Miscellaneous Application 1744/2025 arising from MA 1355/2021, which itself arose from HCCS 959/2016. Two related applications (MA 1745/2025 and MA 1809/2025) were also before the court. When the matters came up for hearing on 16 December 2025, neither the applicant nor his counsel appeared. Counsel for the respondent DFCU Bank Limited informed the court that the mortgage property had been sold, rendering the applications redundant. The respondent sought dismissal under Order 9 Rule 22 of the Civil Procedure Rules for non-appearance.
Issues
- Whether the application should be dismissed for non-appearance of the applicant and his counsel.
Orders
- Miscellaneous Application 1744/2025 dismissed.
- Miscellaneous Application 1745/2025 dismissed.
- Miscellaneous Application 1809/2025 dismissed.
- Costs awarded to the respondent in MA 1744/2025.
- Costs awarded to the respondent in MA 1745/2025.
- No costs awarded in MA 1809/2025.
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.