Wakilii

Nakiganda Deborah and Another v Muyingo Tony (Miscellaneous Application No. 2522 of 2024)

High Court · [2025] UGHCLD 314 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file a reply to amended written statement of defence and counterclaim
Decision
Application dismissed for non-appearance

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court dismissed the application for extension of time under Order 9 Rule 17 of the Civil Procedure Rules for non-appearance of both parties on the scheduled hearing date. The court held that service through ECCMIS constitutes valid service and parties who are registered and linked users on the electronic file are effectively served when the hearing date is entered and validated on the system.

Outcome

Application dismissed for non-appearance

Facts

The applicants sought an order for extension of time to file a reply to an amended written statement of defence and counterclaim. The application was fixed for hearing on 2nd October 2025 at 3:00pm. The hearing date was posted on ECCMIS and the lawyers for the parties, who were tagged on the application, received notifications. Neither party appeared in court on the scheduled hearing date.

Issues

  1. Whether the application should be dismissed for non-appearance of the parties on the hearing date.

Orders

  • Application dismissed under Order 9 Rule 17 of the Civil Procedure Rules SI 71-1 for non-appearance of the parties on the date when the application was set for hearing.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Electronic Service — ECCMIS — Validity of Service
Transmission of court process with a hyperlink to the electronic document through ECCMIS constitutes valid service of the filed document within the meaning of Order 5 Rule 8 of the Civil Procedure Rules and no other service on those parties is required where they are registered and linked users on the electronic file.
Civil Procedure — Non-Appearance — Dismissal of Application
Where neither party appears when an application is called on for hearing, the court may dismiss the application under Order 9 Rule 17 of the Civil Procedure Rules.

Legislation cited (6)

Cases cited (1)

  • Visare Uganda Limited v Festus Katerega T/a Quickway Auctioneers & 3 Others (Miscellaneous Application No. 2855 of 2023)

Full judgment

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

Nakiganda_Deborah_and_Another_v_Muyingo_Tony_(Miscellaneous_Application_No._2522_of_2024)_[2025]_UGHCLD_314_(3_October_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.