Wakilii

Musisi Henry v Wahab Sultan Inv (U) Ltd (Miscellaneous Application No. 1433 of 2025)

High Court · [2025] UGCOMMC 502 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal of earlier application for leave to appear and defend, and to review partial judgment entered in summary suit
Decision
Application dismissed with costs to the respondent

Observed later treatment

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Holding

The court dismissed the application to set aside the dismissal of an earlier application for leave to appear and defend. Where an application is dismissed under Order 17 rule 4 for non-appearance, the proper remedy is appeal, not reinstatement. The applicant failed to demonstrate sufficient reason for the court to exercise leniency, having failed to diligently pursue the matter despite the summary nature of the underlying suit. The court also refused to review the partial judgment, finding no error apparent on the face of the record and holding that the application was a disguised attempt to re-litigate the summary suit.

Outcome

Application dismissed with costs to the respondent

Facts

The respondent filed Civil Suit No. 1581 of 2023 against the applicant for UGX 60,000,000 arising from a motor vehicle sale agreement. The applicant filed Miscellaneous Application No. 3064 of 2023 seeking leave to appear and defend, claiming he had paid UGX 30,000,000 leaving a balance of UGX 50,000,000, not UGX 60,000,000. The application was fixed for hearing on 4th and 11th June 2024. The applicant did not appear on either date and the application was dismissed under Order 17 rule 4. Partial judgment was entered for the respondent for UGX 60,000,000. The applicant then filed this application in 2025 seeking to set aside the dismissal and review the judgment, claiming he was not aware of the hearing dates and that there was an error apparent on the face of the record regarding the amount owed.

Issues

  1. Whether there are sufficient grounds for setting aside the dismissal of Misc Application No. 3064 of 2023 and reinstating the same for hearing inter-parties.
  2. Whether the application raises grounds for grant of an order of review of the judgement entered for the respondent/plaintiff for the decretal amount of UGX 60,000,000 under Civil Suit No. 1581 of 2023.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Dismissal for Non-Appearance — Remedy — Order 17 Rule 4
Where a matter is dismissed under Order 17 rule 4 of the Civil Procedure Rules for non-appearance, the dismissal constitutes a decision resulting in a decree that is both valid and enforceable, and the proper remedy for an aggrieved party is to pursue an appeal, not an application for reinstatement.
Civil Procedure — Electronic Filing — ECCMIS — Consent to Electronic Service
Under rule 17 of the Judicature (Electronic Filing, Service and Virtual Proceedings) Rules, when a registered user files a case or enters appearance through the ECCMIS, they are deemed to have consented to receive all documents electronically, including hearing notices. Compliance with the digitalized system is mandatory for parties engaging with the commercial court.
Civil Procedure — Summary Suits — Diligence Required — Leave to Appear and Defend
In summary suits, which by their nature are intended to be heard and determined expeditiously, an applicant seeking leave to appear and defend must exhibit requisite urgency and vigilance by persistently following up with the court for hearing dates. Failure to diligently pursue the application over an extended period demonstrates dilatory conduct and does not constitute sufficient reason for the court to exercise leniency in setting aside a dismissal.
Civil Procedure — Review — Error Apparent on Face of Record — Definition
An error apparent on the face of the record is one where an error on a substantial point of law stares one in the face and there could reasonably be no two opinions. An error which has to be established by a long drawn process of reasoning or on points where there may conceivably be two opinions cannot be said to be an error apparent on the face of the record. If a view adopted by the court is a possible one, it cannot be an error apparent on the face of the record even though another view was also possible.
Civil Procedure — Review — Abuse of Process — Disguised Application
An application for review that raises the same grounds as those in an earlier application for leave to appear and defend a summary suit constitutes a disguised application for leave to appear and defend and amounts to an abuse of court process. The court will not permit a party to use a review application to re-litigate a suit where they failed to appear.

Legislation cited (11)

Cases cited (3)

  • Pentecostal Assemblies of God Lira Limited v Pentecostal Assemblies of God Limited and another (Miscellaneous Application No. 14 of 2018)
  • Nyamogo and Nyamogo Advocates v Kago [2001] 2 EA 173
  • Igga Anyi Godfrey and 14 Others v The Registered Trustees of Pentecostal Assemblies of God & Another (Miscellaneous Civil Application No. 0011 of 2016)

Full judgment

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

Musisi Henry v Wahab Sultan Inv (U) Ltd (Miscellaneous Application No. 1433 of 2025) [2025] UGCommC 502 (7 September 2025)
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.