Wakilii

Muhimbise v Mohammedi Ali Saleh and 2 Others (Civil Appeal No 222 of 2013 Civil Application No 385 of 2018)

Court of Appeal · [2021] UGCA 200 · 2021 Application to Dismiss Declined AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Hearing of a civil appeal from the High Court at Fort Portal where the appellant and counsel failed to appear; respondent applied for dismissal under Rule 100(1).
Decision
Respondent's application to dismiss for non-appearance declined; appeal to be decided on the merits by judgment on notice.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

At the hearing, neither the appellant nor her counsel appeared, and the respondent applied for dismissal of the appeal under Rule 100(1) of the Court of Appeal Rules. The Court noted that, although grounds for dismissal existed, all the appellant's submissions were already on the court record. In the interest of justice, the Court declined to dismiss the appeal for non-appearance and instead resolved to deliver a judgment on notice determining the appeal on its merits.

Outcome

Respondent's application to dismiss for non-appearance declined; appeal to be decided on the merits by judgment on notice.

Facts

The appellant, Kellen Muhimbise, had appealed against a decision of the High Court at Fort Portal arising out of HCCS No. 009 of 2009. When the matter came up for hearing, the respondent's counsel, Mr. Okello Oryem, informed the Court that neither the appellant nor her lawyer was present. An affidavit of service on M/S Web Advocates, counsel for the appellant, dated 19th February 2021, was on record indicating that service had been accepted. Counsel for the respondent applied for dismissal of the appeal under Rule 100(1) of the Court of Appeal Rules but acknowledged that the appellant's submissions were already on the court record.

Issues

  1. Whether the appeal should be dismissed under Rule 100(1) for non-appearance of the appellant and her counsel, or determined on the merits given that submissions were on record.

Orders

  • The Court declined to dismiss the appeal under Rule 100(1) for non-appearance.
  • The Court directed that a judgment on notice be rendered on the merits, the appellant's submissions being on record.

Rules and key headnotes

Civil Procedure — Appeals — Dismissal for Non-Appearance — Court's Discretion Where Submissions on Record
Where an appellant and counsel fail to appear at the hearing but the appellant's written submissions are already on the court record, the Court may, in the interest of justice, decline to dismiss the appeal under Rule 100(1) and instead determine the appeal on its merits by judgment on notice.

Legislation cited (1)

  • Judicature (Court of Appeal Rules) Directions r.100(1)

Full judgment

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Muhimbise v Mohammedi Ali Saleh and 2 Others (Civil Appeal No 222 of 2013 Civil Application No 385 of 2018) 2021 UGCA 200 (23 February 2021)
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.