Kavuma Nakate Rebecca v Musoke Elina Aidah (Miscellaneous Application No. 2831 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed the application under Order 9, Rule 22 of the Civil Procedure Rules for non-appearance of the applicant and her counsel at the scheduled hearing on 17th October 2025, despite both having been present when the hearing date was fixed on 11th September 2025. No order as to costs was made.
Outcome
Application dismissed for non-appearance
Facts
The applicant brought an application seeking orders to readmit an appeal and set aside the judgment and decree in Civil Appeal No. 88 of 2017, with a stay of execution pending determination. The application was fixed for hearing on 17th October 2025 at 12:00pm, a date set during the previous hearing on 11th September 2025 when the applicant's counsel Ms. Nalubega Shamim, the applicant herself, and the respondent were all present in court. On the scheduled hearing date, only counsel for the respondent, Mr. Kamusiime Bright, appeared. Neither the applicant nor her counsel attended despite being aware of the hearing date. Counsel for the respondent applied for dismissal under Order 9, Rule 22 of the Civil Procedure Rules.
Issues
- Whether the application should be dismissed for non-appearance of the applicant and her counsel at the scheduled hearing.
Orders
- Application dismissed under Order 9, Rule 22 of the Civil Procedure Rules SI 71-1 for non-appearance of the Applicant.
- No order for costs.
Legislation cited (4)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.