Wakilii

Masembe v The Administrator General & Ors (Misc. Application No. 925 of 2013)

High Court · [2014] UGHCLD 88 · 2014 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under Order 9 Rule 18 CPR to set aside dismissal of suit for non-appearance
Decision
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 where an applicant demonstrates positive intention to attend hearing and made reasonable efforts through agents who were present at court premises, dismissal for non-appearance should be set aside under Order 9 Rule 18 CPR. Application allowed, exparte proceedings and dismissal order set aside, and suit reinstated with costs to applicant.

Outcome

Suit reinstated for hearing on merits

Facts

The applicant's suit was dismissed on 25 September 2013 for non-appearance. Geoffrey Kiwanuka, brother to the applicant's attorney, swore that he was present at court premises with the applicant's counsel Arthur Murangira and family members when the case was called. They remained outside the Judge's chambers as requested by security. By the time they entered chambers, counsel was informed the matter had been dismissed. The second respondent's affidavit confirmed that she and her lawyer also remained outside chambers, corroborating that the applicant's representatives were present at court.

Issues

  1. Whether the applicant provided sufficient reasons for absence to warrant setting aside the dismissal of her suit under Order 9 Rule 18 CPR.

Orders

  • Application allowed.
  • Exparte proceedings and order of dismissal set aside.
  • Civil Suit No. 186 of 2006 reinstated.
  • Costs of the application to the applicant.

Rules and key headnotes

Civil Procedure — Setting Aside Dismissal — Non-Appearance — Order 9 Rule 18 CPR — Test for Satisfaction
Under Order 9 Rule 18 CPR, court must be satisfied that the applicant had positive intention to be present at hearing and made all reasonable effort to attend before setting aside dismissal for non-appearance.
Civil Procedure — Setting Aside Dismissal — Presence Through Agents — Attendance by Counsel
Where an applicant's counsel and agents are present at court premises and make reasonable efforts to attend the hearing, this demonstrates sufficient intention and effort to warrant setting aside dismissal under Order 9 Rule 18 CPR.
Civil Procedure — Setting Aside Dismissal — Expedition in Seeking Relief
Expeditious filing of an application to set aside dismissal strengthens the case that the applicant had genuine intention to prosecute the suit.

Legislation cited (1)

Full judgment

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Masembe v The Administrator General & Ors (Misc. Application No. 925 of 2013) [2014] UGHCLD 88 (23 January 2014)
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.