Wakilii

Erachu and Another v Emenyu (Civil Appeal 5 of 2022)

High Court · [2024] UGHC 757 · 2024 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court judgment
Decision
Appeal dismissed for failure to prosecute

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an appeal cannot be determined without arguments substantiating the grounds raised in the memorandum of appeal. Where appellants fail to file written submissions or argue their appeal after multiple adjournments and schedules, they are taken to have abandoned the appeal. Under Order 43 Rule 14(1) of the Civil Procedure Rules, the court may dismiss an appeal where the appellant does not appear or proceed on the day fixed for hearing. The appeal was dismissed for want of prosecution with costs to the respondent.

Outcome

Appeal dismissed for failure to prosecute

Facts

The appellants filed a civil appeal on 17 February 2022 against the judgment of the Chief Magistrate's Court of Kaberamaido in Civil Suit No. 6 of 2018. The appellants initially appeared in person, then briefly with counsel Agnes on 23 June 2022 (though no instructions were on record), while the respondent was continuously represented by counsel Timothy Erabu. The court made multiple adjournments and issued schedules directing the appellants to file written submissions or argue orally. The appellants failed to comply despite a schedule issued as late as 20 February 2024. The respondent's counsel wrote to court on 3 May 2022 and again on 6 June 2023 requesting dismissal for want of prosecution. The appellants were repeatedly absent and took no step to prosecute the appeal after filing it.

Issues

  1. Whether the appeal should be dismissed for want of prosecution where the appellants failed to file written submissions or argue the appeal despite multiple adjournments and schedules.

Orders

  • Civil Appeal No. 5 of 2022 dismissed for want of prosecution.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Appeals — Dismissal for Want of Prosecution — Right to Begin
Under Order 43 Rule 13 of the Civil Procedure Rules, the appellant has the right to first move court to be heard in an appeal, which right is exercised through oral or written submissions, and an appellate court cannot on its own motion assume or look beyond what an appellant raises in support of an appeal.
Civil Procedure — Appeals — Abandonment — Failure to Argue Grounds
Where grounds of appeal are not argued by the appellant, they are considered to be abandoned, and the appeal cannot be determined because an appeal is only considered upon parties arguing the grounds framed which constitute the reasons for the appeal and point out disagreement with the lower court's decision.
Civil Procedure — Appeals — Dismissal under Order 43 Rule 14(1) — Non-Appearance
Order 43 Rule 14(1) of the Civil Procedure Rules provides that where on the day fixed or any day to which hearing is adjourned the appellant does not appear when the appeal is called for hearing, the court may make an order that the appeal be dismissed.

Legislation cited (2)

  • Civil Procedure Rules O.43 r.13
  • Civil Procedure Rules O.43 r.14(1)

Full judgment

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

Erachu and Another v Emenyu (Civil Appeal 5 of 2022) [2024] UGHC 757 (13 August 2024)
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.