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Exim Bank (Uganda) Ltd v Westwinds Trading C.O Matco Ltd (Miscellaneous Application No. 249 of 2025)

High Court · [2025] UGCOMMC 247 · 2025 Application Granted — Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out civil suit for lack of reasonable cause of action arising from earlier dismissed suit
Decision
Civil Suit No. 1250 of 2024 dismissed for being incompetent having been filed contrary to Order 9 rule 23 of the Civil Procedure Rules

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where a suit is dismissed under Order 9 rule 22 of the Civil Procedure Rules for non-appearance of the plaintiff, Order 9 rule 23(1) precludes the plaintiff from bringing a fresh suit in respect of the same cause of action. The proper remedy is to apply for reinstatement of the dismissed suit. A fresh suit filed in contravention of Order 9 rule 23(1) is incompetent and must be dismissed.

Outcome

Civil Suit No. 1250 of 2024 dismissed for being incompetent having been filed contrary to Order 9 rule 23 of the Civil Procedure Rules

Facts

The Respondent filed Civil Suit No. 629 of 2022 against the Applicant bank alleging breach of fiduciary duty and negligent transfer of USD 95,841. On 7 December 2023, that suit was dismissed under Order 9 rule 22 for non-appearance of the Respondent when the matter was called for hearing. Instead of applying for reinstatement of the dismissed suit, the Respondent filed a fresh suit, Civil Suit No. 1250 of 2024, containing the same facts and allegations. The Applicant applied to strike out the fresh suit on grounds that it was filed contrary to Order 9 rule 23(1), which precludes a plaintiff from bringing a fresh suit after dismissal under Order 9 rule 22.

Issues

  1. Whether Civil Suit No. 1250 of 2024 discloses a reasonable cause of action.
  2. Whether there are any remedies available to the parties.

Orders

  • Civil Suit No. 1250 of 2024 is dismissed.
  • Costs of the application awarded to the Applicant.

Rules and key headnotes

Civil Procedure — Dismissal for Non-Appearance — Fresh Suit Prohibited
Where a suit is dismissed under Order 9 rule 22 of the Civil Procedure Rules for non-appearance of the plaintiff when the suit is called for hearing, Order 9 rule 23(1) precludes the plaintiff from bringing a fresh suit in respect of the same cause of action.
Civil Procedure — Dismissal for Non-Appearance — Remedy of Reinstatement
The proper remedy for a plaintiff whose suit has been dismissed under Order 9 rule 22 is to apply for an order setting aside the dismissal under Order 9 rule 23(1) by satisfying the court that there was sufficient cause for non-appearance, not to file a fresh suit.
Civil Procedure — Illegality — Court Cannot Sanction What Law Forbids
A court of law cannot sanction that which is forbidden by law, and once an illegality is brought to the attention of the court, it overrides all questions of pleadings.

Legislation cited (5)

Cases cited (4)

  • Chiman Bhai R. Patel v Abid Alam and Sugar and Allied Industries Limited (HCMA No. 1595 of 2022)
  • Hon. Issa Kikungwe & Another v Attorney General (Constitutional Petition No. 30 of 2006)
  • Patrick Mayanja v Uganda National Roads Authority (Civil Suit No. 39 of 2016)
  • Makula International Ltd v Cardinal Nsubuga & Anor [1982] HCB 11

Full judgment

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

Exim Bank (Uganda) Ltd v Westwinds Trading C.O Matco Ltd (Miscellaneous Application No. 249 of 2025) [2025] UGCommC 247 (12 August 2025)
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.