Wakilii

Namayiga Teddy v Mukasa Diris [2026] UGHCLD 13

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Notice of motion seeking severance of a joint tenancy and sale of jointly owned land, called on for hearing
Decision
Application dismissed for non-appearance of both parties; no order as to costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed an application for severance and sale of jointly owned land where neither party nor their advocates appeared at the hearing. Relying on Order 9 rule 17 of the Civil Procedure Rules, the court noted that the hearing date had been entered and validated on ECCMIS on 11 December 2025, and that, following Visare Uganda Limited v Katerega, transmission and validation of the court process on ECCMIS constitutes valid and effective service on registered and linked users, the effective date of service being the date of validation specifying the hearing date. The parties were therefore properly notified, and non-appearance warranted dismissal. No order as to costs was made.

Outcome

Application dismissed for non-appearance of both parties; no order as to costs

Facts

The applicant filed a notice of motion seeking a declaration that she was entitled to an equal share of property located in Busabala, an order severing the joint tenancy between herself and the respondent, an order compelling the respondent to sell the suit property with the proceeds divided between them, and costs. The hearing date was entered and validated on the Electronic Court Case Management Information System (ECCMIS) on 11 December 2025, fixing the hearing for 29 January 2026 at 2:30pm. On that date neither the applicant nor her lawyers, nor the respondent nor his lawyers, appeared in court. The court proceeded to consider the effect of non-appearance in light of service effected through ECCMIS.

Issues

  1. Whether the application should be dismissed where neither party nor their counsel appeared on the date fixed for hearing.

Orders

  • The Application is dismissed under Order 9, Rule 17 of the Civil Procedure Rules SI 71-1 for non-appearance of the parties on the date the Application was set for hearing.
  • There is no order for costs.

Rules and key headnotes

Civil Procedure — Non-Appearance of Parties — Dismissal under Order 9 Rule 17
Where neither party appears when a suit or application is called on for hearing, the court may dismiss the matter under Order 9 rule 17 of the Civil Procedure Rules.
Civil Procedure — Service of Process — Electronic Service through ECCMIS
Transmission of a court process by hyperlink to the electronic document through ECCMIS constitutes valid and effective service on registered and linked users within the meaning of Order 5 rule 8 of the Civil Procedure Rules, the effective date of service being the date of validation of the process specifying the date and time for response or hearing.

Legislation cited (6)

Cases cited (1)

  • Visare Uganda Limited v Festus Katerega t/a Quickway Auctioneers and 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.

Namayiga Teddy v Mukasa Diris [2026] UGHCLD 13 (29 January 2026)
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.