Exim Bank Uganda Ltd v Benon Tumusange and Timothy Justine Robert Mayhew (Civil Suit No 921 of 2016)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed a civil suit filed in 2016 for non-appearance by both parties when the matter was called for hearing on two scheduled dates. The court exercised its discretion under Order 17 rule 4 of the Civil Procedure Rules, which permits the court to decide a suit immediately where parties fail to perform acts necessary for the further progress of the case.
Outcome
Suit dismissed for failure of parties to appear at hearing
Facts
This civil suit was filed in 2016 by Exim Bank Uganda Ltd against two defendants. The matter was cause-listed for hearing on 29th May 2025 and 19th June 2025. Hearing notices were issued via ECCMIS and the cause lists were widely circulated. When the matter was called on for hearing on both dates, neither party appeared before the court. The suit formed part of the court's case backlog.
Issues
- Whether the court should dismiss the suit where parties failed to appear when the matter was called on for hearing.
Orders
- Suit dismissed pursuant to Order 17 rule 4 of the Civil Procedure Rules.
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.