Wakilii

Lagoro Holdings Ltd v Transami Holdings (U) Ltd (MISC. APP. NO. 470 OF 1998)

High Court · [2002] UGHC 136 · 2002 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal of civil suit arising from non-appearance
Decision
Application to set aside dismissal refused; original dismissal of Civil Suit No. 96/1993 stands

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application dismissed. The court found that Civil Suit No. 96/1993 was properly cause-listed for 18 June 1998 on page 5 of the cause list as the second suit before Hon. Justice Akiiki Kiiza. The applicant's assertion that the suit was not cause-listed was incorrect. The applicant failed to establish sufficient cause for counsel's non-appearance as required under Order 9 Rule 20 of the Civil Procedure Rules.

Outcome

Application to set aside dismissal refused; original dismissal of Civil Suit No. 96/1993 stands

Facts

Lagoro Holdings Ltd applied by Notice of Motion to set aside the dismissal of Civil Suit No. 96/1993 which had been dismissed on 18 June 1998 when counsel for the applicant failed to appear. The applicant's counsel swore an affidavit stating that the suit was not cause-listed for hearing on 18 June 1998, which was the reason for non-appearance. The respondent's counsel filed an affidavit in reply, though that affidavit was defective for not bearing a date of swearing, contrary to Section 8 of the Oaths Act. Upon checking the cause list for 18 June 1998, the court verified that HCCS No. 96/1993 was indeed listed on page 5 as the second suit before Hon. Justice Akiiki Kiiza.

Issues

  1. Whether there was sufficient cause for the applicant's counsel's non-appearance in court on 18 June 1998 to justify setting aside the dismissal of Civil Suit No. 96/1993.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Setting Aside Dismissal — Burden of Proof — Order 9 Rule 20
For an application to succeed under Order 9 Rule 20 of the Civil Procedure Rules to set aside a dismissal for non-appearance, the applicant must satisfy the court that there was sufficient cause for the non-appearance.
Evidence — Affidavits — Compliance with Oaths Act — Incurable Defects
An affidavit which does not comply with Section 8 of the Oaths Act by failing to state the date on which it was sworn is incurably defective and the court cannot rely on it.

Legislation cited (3)

Full judgment

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Lagoro Holdings Ltd v Transami Holdings (U) Ltd (MISC. APP. NO. 470 OF 1998) [2002] UGHC 136 (13 July 2002)
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.