Lwamasaka Prosper v Nassuna Rose Kareregga Lwamasaka and Others (Miscellaneous Cause No. 129 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed the application under the Civil Procedure Rules for failure by the applicant to serve court process on the respondents and for non-appearance of all parties when the matter was called for hearing. No order as to costs was made.
Outcome
Application dismissed for procedural non-compliance
Facts
The applicant sought a declaration that the first to fifth respondents had no caveatable interest in land comprised in Kyadondo FRV 4309 Folio 21, Block 273 Plot 4738 at Masajja, Makindye Ssabagabo, and an order directing the sixth respondent (Commissioner Land Registration) to vacate their caveat. The application was fixed for hearing on 19 May 2026. The applicant was served with court process through ECCMIS. When the matter was called for hearing, neither the applicant and his counsel nor the respondents and their counsel appeared. The court record showed no evidence that the applicant had served the respondents with court process.
Issues
- Whether the application should be dismissed for failure to serve court process on the respondents.
- Whether the application should be dismissed for non-appearance of all parties at the hearing.
Orders
- Application dismissed under Order 5 Rule 1(2) and (3), Order 49 Rule 2 and Order 9 Rule 17 of the Civil Procedure Rules.
- No order for costs.
Legislation cited (4)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.