Wakilii

Kiwanuka Abdu Namugera and Another v Finance Trust Bank Ltd (Miscellaneous Application No. 1885 of 2025)

High Court · [2026] UGHCLD 29 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of rulings and orders arising from originating summons
Decision
Application dismissed for non-appearance

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court dismissed the application under Order 9 Rule 17 of the Civil Procedure Rules for non-appearance of both parties on the scheduled hearing date. The court noted that a hearing notice had been properly issued and uploaded onto ECCMIS on 3rd February 2026, and that electronic service through ECCMIS constitutes valid service. No order as to costs was made.

Outcome

Application dismissed for non-appearance

Facts

The applicants sought review and setting aside of rulings and orders made by Justice Godfrey Namundi in Originating Summons No. 2001 of 2016. The application was fixed for hearing on 9th February 2026 at 2:30pm. A hearing notice was issued by the Registrar and uploaded onto ECCMIS on 3rd February 2026. On the scheduled hearing date, neither the applicants and their lawyers nor the respondent's representatives and its lawyers appeared in court.

Issues

  1. Whether the application should be dismissed for non-appearance of parties on the hearing date.

Orders

  • Application 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.
  • No order for costs.

Rules and key headnotes

Civil Procedure — Electronic Service — ECCMIS — Validity of Service
Transmission of court process with a hyperlink to the electronic document through ECCMIS constitutes valid service of the filed document within the meaning of Order 5 Rule 8 of the Civil Procedure Rules, and no other service on those parties is required.
Civil Procedure — Non-Appearance — Dismissal of Application
Where neither party appears when an application is called on for hearing, the court may dismiss the application under Order 9 Rule 17 of the Civil Procedure Rules.

Legislation cited (9)

Cases cited (1)

  • Visare Uganda Limited v Festus Katerega T/a Quickway Auctioneers & 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_(Miscellaneous_Application_No._1885_of_2025)_[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.