Wakilii

Hajji Muhamaddi Musisi v Musoke Hussein aka Moses Sekamwa and Others (Civil Reference Application No. 1 of 2025)

High Court · [2025] UGHCLD 399 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil reference application seeking to reverse a Registrar's ruling dismissing an application for temporary injunction
Decision
Application dismissed for non-appearance

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court dismissed a civil reference application under Order 9 Rule 17 of the Civil Procedure Rules for non-appearance of both parties on the scheduled hearing date. The court held that service via ECCMIS constitutes valid service and parties linked to the electronic file are deemed properly notified of hearing dates.

Outcome

Application dismissed for non-appearance

Facts

The applicant filed a civil reference seeking to reverse a Registrar's ruling dated 5 June 2025 that had dismissed an application for temporary injunction in relation to a land dispute. The reference arose from Miscellaneous Application No. 2587 of 2024, which itself arose from Civil Suit No. 901 of 2024. The hearing was scheduled for 8 December 2025 at 11:00am, with the hearing date validated on ECCMIS on 29 August 2025. Both parties were assumed to be linked to the case via ECCMIS and to have received notifications. Neither party appeared in court on the scheduled hearing date.

Issues

  1. Whether the application should be dismissed for non-appearance of parties on the scheduled hearing date.

Orders

  • Application dismissed under Order 9 Rule 17 of the Civil Procedure Rules SI 71-1 for non-appearance of the parties on the date when the application was set for hearing.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Electronic Service — ECCMIS — Validity of Service
Transmission of court process with a hyperlink to the electronic document through ECCMIS constitutes valid service of the filed document within the meaning of Order 5 Rule 8 of the Civil Procedure Rules, and no other service on parties linked to the electronic file is required.
Civil Procedure — Electronic Service — ECCMIS — Effective Date of Service
The effective date of service for parties linked to ECCMIS is the date of validation, admission, or signing of the duly completed court process specifying a date and time for response or hearing.
Civil Procedure — Non-Appearance — Dismissal of Application
Where neither party appears when an application is called on for hearing, the court may dismiss the application under Order 9 Rule 17 of the Civil Procedure Rules.

Legislation cited (5)

Cases cited (1)

  • Visare Uganda Limited v Festus Katerega T/a Quickway Auctioneers and 3 Others (Miscellaneous Application No. 2855 of 2023)

Full judgment

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

Hajji_Muhamaddi_Musisi_v_Musoke_Hussein_aka_Moses_Sekamwa_and_Others_(Civil_Reference_Application_No._1_of_2025)_[2025]_UGHCLD_399_(11_December_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.