Mrs. Christine Anywar & Rose Alilo v Mr. Christopher Alioma, Mr. Leni Gilbert Boniface, Andama Martin & The Red Pepper Publications Ltd (Civil Suit 27(2)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed the suit for libel and defamation under Order 9 Rule 17 of the Civil Procedure Rules for non-appearance of both plaintiffs and defendants despite effective substituted service by affixing the hearing notice to the court notice board. Each party was ordered to bear its own costs.
Outcome
Suit dismissed for non-appearance
Facts
The plaintiffs filed a suit for libel and defamation on 2 July 2015. The defendants filed their written statements of defence in July and August 2015. The matter was referred to mediation on 23 May 2019 but no mediation report was filed. The last proceedings were held on 18 March 2020, after which the matter was adjourned to 6 July 2020 for hearing. No further proceedings occurred until 16 October 2023 when the matter was scheduled for hearing. On 26 September 2023, the court ordered substituted service by affixing the hearing notice to the High Court Gulu notice board. On the hearing date, neither the parties nor their counsel appeared despite effective substituted service confirmed by affidavit.
Issues
- Whether service by substituted service was effective.
- Whether the suit should be dismissed for non-appearance of both parties.
Orders
- Civil Suit No. 27/2015 is hereby dismissed under Order 9 Rule 17 of the Civil Procedure Rules, SI 71-1 for non-appearance of the Parties.
- Each Party shall bear its own costs.
Legislation cited (3)
- Civil Procedure Rules Order 5 Rule 18
- Civil Procedure Rules Order 9 Rule 17
- Judicature (Mediation) Rules SI 10/2013
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.