Wakilii

Kakooza George Wilbeforce v Ngamba William and 3 Others (Miscellaneous Application N0.0056 of 2024)

High Court · [2025] UGHC 920 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal of miscellaneous appeal from Registrar's order granting temporary injunction
Decision
Miscellaneous Appeal No. 001 of 2024 reinstated for hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court set aside the dismissal of the applicant's miscellaneous appeal. The appeal had been dismissed on 11 March 2024 when the judge was indisposed and had communicated unavailability. The court found sufficient cause for non-appearance under Order 9 Rule 23(1) of the Civil Procedure Rules, as the applicant and counsel reasonably relied on the communication that court would not proceed. The appeal was reinstated with no costs awarded.

Outcome

Miscellaneous Appeal No. 001 of 2024 reinstated for hearing

Facts

The respondents filed a civil suit and an application for temporary injunction at Mubende High Court, which were transferred to Kiboga High Court Circuit. On 13 February 2024, the Registrar granted the temporary injunction. The applicant filed Miscellaneous Appeal No. 001 of 2024 challenging that order. The appeal was scheduled for hearing on 11 March 2024. On that date, the judge was indisposed and communicated unavailability via WhatsApp. However, on the same day, the appeal was dismissed under Order 9 Rule 22 for non-appearance. The applicant's lawyers only learned of the dismissal on 18 April 2024 when they appeared for the main suit. No fresh summons had been issued after 11 March 2024.

Issues

  1. Whether the applicant has shown sufficient cause for non-appearance to warrant setting aside the dismissal of Miscellaneous Appeal No. 001 of 2024.

Orders

  • The order of dismissal of Miscellaneous Appeal No. 001 of 2024 is set aside.
  • Miscellaneous Appeal No. 001 of 2024 that was dismissed is reinstated.
  • Miscellaneous Appeal No. 001 of 2024 is fixed for mention on 21st August 2025 at 11:00am.
  • No costs awarded because the dismissal resulted from the court's inadvertency.

Rules and key headnotes

Civil Procedure — Reinstatement of Dismissed Applications — Sufficient Cause for Non-Appearance
Where an application is dismissed for non-appearance under Order 9 Rule 22 of the Civil Procedure Rules, the applicant may apply under Order 9 Rule 23(1) to set aside the dismissal by satisfying the court that there was sufficient cause for non-appearance. Sufficient cause depends on the circumstances of each case and must relate to the inability to take a particular step in time.
Civil Procedure — Sufficient Cause — Reliance on Court Communication
Where the court communicates that a hearing will not proceed as scheduled because the judge is indisposed, a party and counsel who rely on that communication and do not attend cannot be faulted for non-appearance. Such reliance constitutes sufficient cause for setting aside a dismissal under Order 9 Rule 23(1).
Civil Procedure — Costs — Court's Inadvertency
Where an application is dismissed as a result of the court's own inadvertency, no costs should be awarded when the dismissal is set aside and the matter reinstated.

Legislation cited (5)

Cases cited (1)

  • Florence Nabatanzi v Naome Binsobedde (Supreme Court Civil Appeal No. 6 of 1987)

Full judgment

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

Kakooza George Wilbeforce v Ngamba William and 3 Others (Miscellaneous Application N0.0056 of 2024) [2025] UGHC 920 (18 June 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.