Namayiga Teddy v Mukasa Diris (Miscellaneous Cause No. 108 of 2025)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court dismissed the application under Order 9, Rule 17 of the Civil Procedure Rules for non-appearance of both parties on the scheduled hearing date. The court noted that the hearing date had been properly entered and validated on ECCMIS on 11th December 2025, and neither the applicant nor the respondent nor their respective lawyers appeared when the matter was called for hearing on 29th January 2026.

Outcome

Application dismissed for non-appearance

Facts

The applicant sought a declaration of entitlement to an equal share of property located in Busabala, an order severing joint tenancy between the parties, and an order compelling sale of the property with division of proceeds. The application was fixed for hearing on 29th January 2026 at 2:30pm. The hearing date was entered and validated on ECCMIS on 11th December 2025. On the scheduled hearing date, neither the applicant and her lawyers nor the respondent and his lawyers appeared in court.

Issues

1. Whether the application should be dismissed for non-appearance of both 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.

Legislation cited (7)

• Constitution of Uganda Article 26
• Civil Procedure Act Cap 282 s.98
• Judicature Act Cap 16 s.37
• Civil Procedure Rules SI 71-1 Order 52 Rule 1
• Civil Procedure Rules SI 71-1 Order 52 Rule 2
• Civil Procedure Rules SI 71-1 Order 9 Rule 17
• Civil Procedure Rules SI 71-1 Order 5 Rule 8

Cases cited (1)

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

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