Moses Makumbi Banalya Yawe v Fredrick Mawejje Yawe (Miscellaneous Application No. 360 of 2025)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Application for leave to appeal dismissed under Order 9 Rule 22 of the Civil Procedure Rules for non-appearance of the applicant when the matter was called for hearing, despite the respondent appearing through counsel.

Outcome

Application dismissed for non-appearance

Facts

The applicant sought leave to appeal against a ruling in Miscellaneous Appeal No. 144 of 2023. The application was fixed for hearing on 13th October 2025 at 2:00pm. The court process server attempted service at the physical address in Mengo but could not locate the law firm, and instead telephoned counsel for the respondent to inform them of the hearing date. On the hearing date, counsel for the respondent appeared in court but neither the applicant nor his counsel appeared. Counsel for the respondent informed the court that the applicant had never served the application on the respondent and prayed for dismissal under Order 9 Rule 22 for non-appearance.

Issues

1. Whether the application should be dismissed for non-appearance of the applicant at the hearing.

Orders

• Application dismissed under Order 9, Rule 22 of the Civil Procedure Rules SI 71-1 for non-appearance of the Applicant.
• No order as to costs.

Legislation cited (4)

• Judicature Act Cap 16 s.33
• Civil Procedure Act Cap 282 s.98
• Civil Procedure Rules SI 71-1 Order 44 Rules 2, 3 and 4
• Civil Procedure Rules SI 71-1 Order 9 Rule 22

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