Wakilii

Kiwanuka Abdu Namugera and Another v Finance Trust Bank Ltd [2026] UGHCLD 29

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion to review and set aside rulings and orders made in earlier originating summons proceedings
Decision
Application for review dismissed for non-appearance of the parties

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where a hearing date was validated on ECCMIS and a hearing notice issued by the Registrar and uploaded to ECCMIS, service was effective on registered and linked users without further personal service. Neither the applicants nor the respondent, nor their advocates, appeared on the fixed hearing date. The court applied Order 9 Rule 17 of the Civil Procedure Rules, which permits dismissal where neither party appears when the suit is called on for hearing, and dismissed the application for review with no order as to costs.

Outcome

Application for review dismissed for non-appearance of the parties

Facts

The applicants filed a notice of motion in the Land Division seeking review and setting aside of the rulings and orders of Justice Godfrey Namundi made in earlier originating summons proceedings of 2016, together with costs. The application was fixed for hearing on 9 February 2026 at 2:30pm. The hearing date was entered and validated on the Electronic Court Case Management Information System (ECCMIS), and a hearing notice was issued by the Registrar and uploaded onto ECCMIS on 3 February 2026. On the appointed date neither the applicants nor their lawyers, nor the respondent's representatives or its lawyers, appeared in court.

Issues

  1. Whether the application should be dismissed for non-appearance of both parties on the date fixed for hearing where the hearing notice was validated and served through ECCMIS.

Orders

  • The Application is hereby dismissed under Order 9, Rule 17 of the Civil Procedure Rules SI 71-1 for non-appearance of the Parties on the date when the Application was set for hearing.
  • There is no order for costs.

Rules and key headnotes

Civil Procedure — Non-Appearance of Parties — Dismissal under Order 9 Rule 17
Where neither party appears when a suit or application is called on for hearing, the court may dismiss the matter under Order 9 Rule 17 of the Civil Procedure Rules.
Civil Procedure — Service of Process — Electronic Service through ECCMIS
Transmission of court process through ECCMIS to registered and linked users on the electronic file constitutes valid and effective service under Order 5 Rule 8 of the Civil Procedure Rules, with effect from the date of validation of the process specifying the hearing date, and no further service is required absent proven system failure.

Legislation cited (9)

Cases cited (1)

  • Visare Uganda Limited v Festus Katerega T/a Quickway Auctioneers and 3 Others (Miscellaneous Application No. 2855 of 2023)

Full judgment

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

Kiwanuka Abdu Namugera and Another v Finance Trust Bank Ltd [2026] UGHCLD 29 (9 February 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.