Wakilii

Lui Yan Hua v Kim Suk Young Kim (Miscellaneous Application No. 289 of 2021)

High Court · [2022] UGHCCD 218 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal order and reinstate civil suit
Decision
Dismissal order set aside; main suit reinstated for hearing on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that although the applicant's counsel deliberately misrepresented the hearing time in his affidavit, the interests of justice required that the suit be determined on its merits. The application was allowed, the dismissal order set aside, and the suit reinstated, but the applicant was ordered to bear the costs of the application in any event due to counsel's unprofessional conduct.

Outcome

Dismissal order set aside; main suit reinstated for hearing on merits

Facts

The applicant's civil suit (HCCS No. 192 of 2018) was dismissed for non-appearance on 25 March 2021. The applicant filed this application to set aside the dismissal, claiming that the suit was fixed for 9:30 am but was called and dismissed at 9:00 am, and that he and his counsel were present at court by 9:15 am. The respondent opposed, stating that the applicant and counsel were not at court when the matter was audibly called. The court found that the hearing notice issued by the applicant's own firm clearly stated 9:00 am, and that counsel deliberately misrepresented the time in his affidavit by claiming it was 9:30 am and omitting to attach the hearing notice as an annexure.

Issues

  1. Whether the application discloses sufficient grounds for setting aside the dismissal and ordering reinstatement of the main suit?

Orders

  • The order dismissing HCCS No. 192 of 2018 is set aside and the suit is reinstated for hearing and determination on its merits.
  • The costs of this application shall be met by the Applicant in any event.

Rules and key headnotes

Civil Procedure — Reinstatement of Dismissed Suits — Test for Sufficient Cause
For sufficient cause to be disclosed under Order 9 rule 23 of the Civil Procedure Rules, the court must be satisfied not only that the applicant had a reasonable excuse for failing to appear but also that there is merit in the case, that the applicant honestly intended to attend the hearing and did his best to do so, and that the applicant acted with diligence.
Civil Procedure — Professional Conduct — Advocates' Duty of Candour
An advocate who deliberately makes false statements in an affidavit before the court engages in conduct unbecoming of an officer of the court. Such dishonesty undermines the sanctity of the legal profession and may result in adverse costs orders, though it does not necessarily bar the client from pursuing their substantive rights.
Civil Procedure — Reinstatement — Interests of Justice
The administration of justice normally requires that the substance of disputes be investigated and decided on their merits, and errors and lapses should not necessarily debar a litigant from the pursuit of their rights. Where a case has merit and the application is brought without undue delay, the court may set aside a dismissal order notwithstanding counsel's unprofessional conduct, but may impose costs sanctions to reflect that conduct.

Legislation cited (6)

Cases cited (7)

  • National Insurance Corporation v Mugenyi & Co. Advocates [1987] HCB 28
  • Nakiride v Hotel International Ltd [1987] HCB 85
  • Bishop Jacinto Kibuka v Uganda Catholic Lawyers Society (HCMA No. 696 of 2018)
  • Crown Beverages Ltd v Stanbic Bank (U) Ltd (HCMA No. 181 of 2005)
  • Mosa Oncwati v Kenya Oil Co. Ltd & Anor [217[ KLR
  • Kyobe Senyange v Naks Ltd [1980] HCB 31
  • Re Christine Namatovu Tebajjukira [1992-93] HCB 85

Full judgment

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

Lui Yan Hua v Kim Suk Young Kim (Miscellaneous Application No. 289 of 2021) [2022] UGHCCD 218 (1 November 2022)
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.