Wakilii

Katende and Another v Ssendagire and 2 Others (Miscellaneous Application 1189 of 2022)

High Court · [2024] UGHCLD 19 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal of civil suit for non-appearance and reinstate main suit
Decision
Civil Suit No. 3030 of 2016 reinstated for determination on the merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court Land Division set aside the dismissal of Civil Suit No. 3030 of 2016 and reinstated the suit. The applicants established sufficient cause for non-appearance on the ground that they were not served with the hearing notice for the date on which the suit was dismissed. The court found that the applicants had consistently attended court on all prior occasions and their absence was not due to negligence or lack of bona fide intention, but solely because they were never notified of the hearing date.

Outcome

Civil Suit No. 3030 of 2016 reinstated for determination on the merits

Facts

The applicants filed Civil Suit No. 15 of 2010 (re-registered as Civil Suit No. 3030 of 2016) against the respondents alleging fraudulent and illegal subdivision of land comprised in Kyadondo Block 200 Plot 220 at Kawempe. On 17 December 2022, the suit was scheduled for hearing, but it coincided with Pro Bono day. A circular allowed adjournment of cases scheduled on that day, so the applicants and their counsel did not attend. The matter was fixed for 11 March 2023, but the applicants were not served with the hearing notice. On 11 March 2023, the suit was dismissed for non-appearance. The applicants subsequently applied to set aside the dismissal, asserting they were never served with the hearing notice and had consistently attended court on all prior occasions.

Issues

  1. Whether there is sufficient cause to reinstate Civil Suit No. 3030 of 2016?

Orders

  • The dismissal order in Civil Suit No. 3030 of 2016 is hereby set aside.
  • Civil Suit No. 3030 of 2016 be and is hereby reinstated to be determined on its merits.
  • No orders as to costs.

Rules and key headnotes

Civil Procedure — Setting Aside Dismissal — Sufficient Cause — Non-Appearance Due to Failure of Service
Where a suit is dismissed for non-appearance under Order 9 rules 16 and 17 of the Civil Procedure Rules, the plaintiff may apply under Order 9 rule 18 to set aside the dismissal if he satisfies the court that there was sufficient cause for his non-appearance, which includes circumstances where the party was not served with the hearing notice and could not reasonably have known of the hearing date.
Civil Procedure — Sufficient Cause — Test for Honest Intention and Best Efforts
In considering whether there was sufficient cause for non-appearance, the test is whether the party and his advocate honestly intended to be present at the hearing and did their best to attend, and whether their conduct demonstrates an absence of negligence and the presence of bona fide intention.
Civil Procedure — Reinstatement of Suit — Consistent Prior Attendance
A consistent record of attending court on all prior occasions, coupled with non-appearance solely due to lack of service of hearing notice, constitutes sufficient cause to set aside dismissal and reinstate the suit for determination on its merits.

Legislation cited (6)

Cases cited (3)

  • Crown Beverages Limited v Stanbic Uganda Limited (Miscellaneous Application No. 181 of 2005)
  • Registered Trustees of the Archdiocese of Dar-es-Salaam v Chairman Bunju Village Government and Others (Civil Appeal No. 147 of 2006)
  • National Insurance Corporation v Mugenyi and Co Advocates [1987] HCB 28

Full judgment

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

Katende_and_Another_v_Ssendagire_and_2_Others_(Miscellaneous_Application_1189_of_2022)_[2024]_UGHCLD_19_(17_January_2024)
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.