Wakilii

Kabenge v Mineral Access Systems (U) Ltd (H.C.Miscellaneous Application No. 597 of 2019)

High Court · [2021] UGCOMMC 92 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to reinstate a miscellaneous cause previously dismissed for want of prosecution
Decision
Misc. Cause No. 18 of 2015 reinstated and set for mention

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the application to reinstate Misc. Cause No. 18 of 2015. Sufficient cause was established where counsel was on sick leave and the applicant had a prior scheduled matter in Jinja High Court on the date of dismissal. The applicant demonstrated diligence by sending a representative to hold brief. The application was unopposed, meaning the facts in the supporting affidavit were admitted.

Outcome

Misc. Cause No. 18 of 2015 reinstated and set for mention

Facts

The applicant filed Misc. Cause No. 18 of 2015 to challenge the liquidation process of Mineral Access Systems (U) Ltd, which would affect a decree in Civil Suit 275 of 2011. On 08/07/2019, the miscellaneous cause was dismissed for want of prosecution due to non-appearance of counsel and the applicant. On that date, counsel was on sick leave and the applicant had to appear before Jinja High Court for an earlier scheduled matter. The applicant sent a representative, Mr. Tendo Deogratious, to hold brief. The applicant subsequently applied to reinstate the suit under Order 9 rule 18 CPR. The respondents did not oppose the application.

Issues

  1. Whether the applicant demonstrated sufficient cause to warrant reinstatement of Misc. Cause No. 18 of 2015 which was dismissed for want of prosecution.

Orders

  • Application granted.
  • Misc. Cause No. 18 of 2015 is hereby reinstated.
  • Matter to be mentioned on 20/04/2021 at 9:00am.
  • Costs shall be in the cause.

Rules and key headnotes

Civil Procedure — Reinstatement of Dismissed Suits — Sufficient Cause under Order 9 Rule 18 CPR
Sufficient cause for reinstatement of a suit dismissed for want of prosecution is established where the party and advocate demonstrate they did not act negligently or in bad faith, and where the party honestly intended to be present and did their best to attend.
Civil Procedure — Sufficient Cause — Illness of Counsel and Prior Court Commitments
Illness of counsel and a prior scheduled court appearance by the applicant in another court constitute sufficient cause for non-appearance, particularly where the party sends a representative to hold brief, demonstrating diligence and intent to prosecute the matter.
Civil Procedure — Unopposed Applications — Effect on Admissions
Where an application is not opposed by the respondent, the matters stated in the affidavit in support of the application are deemed admitted.

Legislation cited (5)

Cases cited (6)

  • The Registered Trustees of the Archdiocese of Dar es Salaam v The Chairman Bunju Village Government & others (Civil Appeal No. 147 of 2006)
  • Gideon Mosa Onchwati v Kenya Oil Co. Ltd & Another [2017] eKLR
  • Nicholas Roussos v Gulamhussein Habib Virani & another (Civil Appeal No. 9 of 1993)
  • Nakiridde v Hotel International Ltd [1987] 85
  • National Insurance Corporation v Mugenyi and Company Advocates [1987] HCB 28
  • Massa v Achen [1978] HCB 297

Full judgment

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

Kabenge v Mineral Access Systems (U) Ltd (H.C.Miscellaneous Application No. 597 of 2019) [2021] UGCommC 92 (23 March 2021)
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.