Wakilii

Mangeni Paul, Wabwire Sylvester, Okuku Robert, Barasa Offisi, Okwero Phillip, Ajambo Alfridah & Egesa Christopher v Nalweyiso Faridah (Miscellaneous Application 194 of 2020)

High Court · [2023] UGHC 226 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for readmission of dismissed civil appeal
Decision
Application for readmission of dismissed appeal refused

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application for readmission of a civil appeal that had been dismissed for non-appearance. The applicants failed to prove sufficient cause for their absence, claiming COVID-19 travel restrictions prevented five appellants in Kenya from attending and that another had a fractured hand. The court found no evidence supporting the Kenya travel claim and noted the applicants had been negligent in prosecuting their appeal for two years before its dismissal. The court held that sufficient cause requires proof that a party was not negligent and acted diligently, which the applicants failed to demonstrate.

Outcome

Application for readmission of dismissed appeal refused

Facts

The applicants filed Civil Appeal No. 56 of 2018 on 10 September 2018. When the appeal was called for hearing on 1 September 2020, none of the applicants appeared in court and the appeal was dismissed under Order 43 rule 14(1) of the Civil Procedure Rules. On 23 September 2020, the applicants filed this application seeking readmission of the appeal. They claimed five appellants were in Kenya and unable to travel due to COVID-19 border restrictions, the third applicant had a fractured hand preventing travel, and they were not properly served with the hearing notice. The respondent opposed the application, arguing the appeal had been fixed several times over two years at her instance but the applicants never appeared or took steps to prosecute it. The respondent contended the applicants provided no documentary evidence of being in Kenya or of travel restrictions preventing their attendance.

Issues

  1. Whether Civil Appeal No. 56 of 2018 should be readmitted and heard on its merits.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Appeals — Readmission of Dismissed Appeals — Sufficient Cause
Under Order 43 rule 16 of the Civil Procedure Rules, an appellant seeking readmission of an appeal dismissed for non-appearance must prove sufficient cause that prevented appearance when the appeal was called for hearing, and the burden of proof lies on the applicant on a balance of probabilities.
Civil Procedure — Appeals — Sufficient Cause — Meaning and Application
Sufficient cause means adequate or enough to accomplish the purpose intended in the facts and circumstances of the case, and requires that the party has not acted negligently, has acted in good faith, and has acted diligently in prosecuting their matter.
Civil Procedure — Appeals — Duty to Prosecute — Diligence Required
An appellant has a duty to diligently prosecute their appeal and cannot leave the responsibility of progressing the appeal to the court and the respondent; failure to take any steps to pursue an appeal over a two-year period constitutes negligence and negates a claim of sufficient cause for non-appearance.
Evidence — Burden of Proof — Civil Cases — Balance of Probabilities
In civil cases, the burden lies on the party asserting a fact to prove it on the balance of probabilities, and mere assertions in an affidavit without supporting documentary evidence are insufficient to discharge this burden.

Legislation cited (7)

Cases cited (4)

  • Bishop Jacinto Kibuuka v The Uganda Catholic Lawyers Society and Another (Miscellaneous Application No. 696 of 2018)
  • Gideon Mosa Onchwati Vs Kenya Oil Co. Ltd & Anor [2017] KLR
  • Nsubuga Vs Kavuma [1978] HCB 307
  • Dr. Julius Amumpe v Wilberforce Muhangi (Civil Appeal No. 62 of 2019)

Full judgment

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

Mangeni Paul, Wabwire Sylvester, Okuku Robert, Barasa Offisi, Okwero Phillip, Ajambo Alfridah & Egesa Christopher v Nalweyiso Faridah (Miscellaneous Application 194 of 2020) [2023] UGHC 226 (30 March 2023)
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.