Nakiganda Deborah and Another v Muyingo Tony (Miscellaneous Application No. 2522 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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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
- 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
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
The original judgment as reported. Read the original PDF before relying on any passage.