Mpirirwe v Kamarayo and 2 Others (HCT-05-CV-MA 63 of 2023)

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

Held that an affidavit in reply to a notice of motion seeking to set aside an appeal dismissal order must be filed within fifteen days of service under Order 8 Rule 2 read with Order 49 Rule 2 of the Civil Procedure Rules, not Order 12 Rule 3(2) which applies only to interlocutory applications. Held further that an applicant seeking readmission of a dismissed appeal under Order 43 Rule 16 must prove sufficient cause for non-appearance. Where a party fails to comply with court orders for filing submissions and attending scheduled hearings, such failure demonstrates lack of diligence and does not constitute sufficient cause. Application dismissed.

Outcome

Application to set aside dismissal order dismissed; underlying appeal remains dismissed

Facts

The applicant filed an application on 23 February 2023 seeking to set aside an order dismissing Civil Appeal No. 39 of 2021. The appeal had been dismissed on 8 February 2023 under Order 43 Rule 14(1) for non-appearance. The applicant claimed she thought the hearing date was 28 February 2023, not 8 February 2023, and that she had not been served with a hearing notice for 8 February 2023. Court records showed that on 17 November 2022, the Deputy Registrar had given directions for filing submissions and set 8 February 2023 as the next hearing date. The applicant and her advocates failed to comply with the court's orders for filing submissions by the deadlines given. A preliminary objection was raised that the first respondent's affidavit in reply was filed out of time, having been filed on 27 March 2023 when the application was served on 10 March 2023.

Issues

1. Whether the respondent's affidavit in reply was filed out of time and should be struck out.
2. Whether there is sufficient cause for setting aside the dismissal order of Civil Appeal No. 39 of 2021.

Orders

• Preliminary objection upheld and respondent's affidavit in reply struck off the record for being filed out of time.
• Application dismissed.
• No order as to costs since the respondent's affidavit in reply was struck off the record.

Rules and key headnotes

Legislation cited (10)

• Civil Procedure Act Cap 71 s.98
• Judicature Act Cap 13 s.33
• Civil Procedure Rules SI 71-1 Order 43 Rule 14
• Civil Procedure Rules SI 71-1 Order 43 Rule 16
• Civil Procedure Rules SI 71-1 Order 52 Rule 1
• Civil Procedure Rules SI 71-1 Order 12 Rule 3(2)
• Civil Procedure Rules SI 71-1 Order 8 Rule 2
• Civil Procedure Rules SI 71-1 Order 49 Rule 2
• Civil Procedure Rules SI 71-1 Order 51 Rule 6
• Constitution of Uganda Article 28

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