Wakilii

Kibirige Timothy and Another v Tumwebaze Primah and Another [2026] UGHCCD 259

High Court · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under Order 9 rule 18 of the Civil Procedure Rules to set aside the dismissal of a miscellaneous cause for non-appearance and to reinstate it for hearing on the merits.
Decision
Application granted; dismissal of Miscellaneous Cause No. 286 of 2024 set aside and the cause reinstated for hearing on its merits.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The applicants sought to set aside the dismissal of Miscellaneous Cause No. 286 of 2024 for non-appearance and to reinstate it under Order 9 rule 18 of the Civil Procedure Rules. The court held that where a party's failure to appear results from the court's own error in not issuing notification of the hearing date, sufficient cause is established, because the non-appearance cannot be attributed to indifference, want of diligence, or disregard of the court process. The application was granted, the dismissal was set aside, and the cause was reinstated for hearing and determination on its merits.

Outcome

Application granted; dismissal of Miscellaneous Cause No. 286 of 2024 set aside and the cause reinstated for hearing on its merits.

Facts

Miscellaneous Cause No. 286 of 2024 was initially fixed for hearing on 8 April 2025 but did not proceed because the trial Judge was indisposed, and counsel were told a fresh date would be communicated. Following the transfer of Justice Baguma Emmanuel and reallocation of the file to Justice Bernard Namanya, the applicants' advocates registered their contacts with the Judge's clerk and submitted hard copies of the application, on the understanding that they would be notified once the matter was fixed. On 27 April 2026 counsel learnt that the cause had been dismissed for non-appearance. No hearing notice for the cause had been posted on ECCMIS or reflected on the cause list; the matter listed for the relevant date was instead a different application (Miscellaneous Application No. 4 of 2025). Neither the applicants nor their advocates had notice of the hearing date on which the cause was dismissed.

Issues

  1. Whether the applicants established sufficient cause to warrant setting aside the order dismissing Miscellaneous Cause No. 286 of 2024 for non-appearance and reinstating the cause for hearing on its merits.

Orders

  • The order dismissing Miscellaneous Cause No. HCT-00-CV-MC-0286-2024 is set aside, and the cause is reinstated for hearing and determination on its merits.
  • The costs of this application shall abide the outcome of Miscellaneous Cause No. HCT-00-CV-MC-0286-2024.
  • The parties shall file written submissions: the applicants on or before 7 August 2026; the respondents on or before 13 August 2026; and any rejoinder by the applicants on or before 17 August 2026.
  • Miscellaneous Cause No. HCT-00-CV-MC-0286-2024 shall be mentioned before the Judge on 18 August 2026 at 11:00 a.m.

Rules and key headnotes

Civil Procedure — Setting Aside Dismissal for Non-Appearance — Sufficient Cause under Order 9 rule 18
Under Order 9 rule 18 of the Civil Procedure Rules, a dismissal for non-appearance may be set aside where the party seeking reinstatement satisfies the court that the failure to appear was occasioned by sufficient cause; the applicant bears the burden of placing before the court a credible explanation showing the non-appearance was not the result of indifference, want of diligence, or disregard of the court process.
Civil Procedure — Sufficient Cause — Court's Failure to Issue Hearing Notice
Where a party's failure to appear results from the court's own error in not issuing notification of the hearing date, that failure constitutes sufficient cause and cannot be attributed to the party's indifference or disregard of the court process.
Civil Procedure — Sufficient Cause — Judicial Discretion and Advocate's Mistake
Whether sufficient cause exists is a matter of judicial discretion to be exercised on the particular facts of each case; an advocate's mistake, including one arising from negligence, may amount to sufficient cause, but failure to instruct counsel does not, and at this stage the court is not concerned with the merits of the underlying claim.

Legislation cited (1)

Cases cited (1)

Full judgment

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Kibirige Timothy and Another v Tumwebaze Primah and Another [2026] UGHCCD 259 (4 August 2026)
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.