Dr. Kisembo v Atorney General (Miscellaneous Application 160 of 2023)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Industrial Court set aside its dismissal order after finding sufficient cause demonstrated through counsel's bereavement and the applicant's illness. The court held that non-appearance due to unforeseeable situations such as death of counsel's brother and serious medical conditions constitutes sufficient cause under Order 9 Rule 23 CPR to reinstate a dismissed suit.

Outcome

Dismissal order set aside; matter reinstated and fixed for hearing

Facts

Labour Dispute Reference No. 249 of 2014 was fixed for hearing on 27 September 2023. On that date, the applicant Dr. Kisembo and his counsel Mr. Kamwesigye failed to appear. The respondent's counsel applied for dismissal, which was granted under Order 9 Rule 22 CPR. Mr. Kamwesigye's brother died on 26 September 2023, the day before the hearing, leaving counsel consumed by grief. Dr. Kisembo was critically ill with diabetes, hypertension, and a blood clot requiring rest. He had switched off his phones and was only informed of the dismissal on 28 September 2023 through his wife. The applicant filed this application seeking to set aside the dismissal order.

Issues

1. Whether the applicant has shown good or sufficient cause for setting aside the order of dismissal under Order 9 Rule 22 CPR.

Orders

• Application granted.
• Order of dismissal of Labour Dispute Claim Number 249 of 2014 set aside.
• Matter fixed for hearing on 13th November 2024 at 11:30 a.m.
• Costs in the main cause.

Rules and key headnotes

Legislation cited (4)

• Civil Procedure Act Cap.71 s.98
• Civil Procedure Rules S.I. 71-1 Order 9 Rule 22
• Civil Procedure Rules S.I. 71-1 Order 9 Rule 23
• Civil Procedure Rules S.I. 71-1 Order 52 Rules 1, 2 and 3

Cases cited (2)

• Makasi Paul & 13 Others v Alfred Mandala & 2 Others (HCMA No. 0036 of 2024)
• Eriga Jos Perino v Vuzzi Azza Victor & 2 Others (HCMA No. 0009 of 2017)

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Batte Siraje v International University of East Africa (Labour Dispute Miscellaneous Application 46 of 2025)
• Opportunity Bank Uganda Limited v Nakanwagi Solome Fiona (Labour Dispute Miscellaneous Application No.88 of 2025)

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