Nambatya Aminah and Others v Uganda National Roads Authority (Miscellaneous Application No. 2192 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court granted the application to set aside the dismissal order in Civil Suit No. 1235 of 2023 and reinstated the suit for hearing. The respondent did not appear and filed no affidavit in reply. Applying the principle from William Akankwasa v Registrar of Titles, uncontroverted affidavit evidence is presumed admitted. The court found sufficient cause shown by the applicants.
Outcome
Civil Suit No. 1235 of 2023 reinstated for hearing
Facts
The applicants, administrators of the estate of the late Sulaiman Sembatya, brought a miscellaneous application seeking to set aside a dismissal order in Civil Suit No. 1235 of 2023 and to have the suit reinstated. The respondent, Uganda National Roads Authority, did not appear at the hearing and filed no affidavit in reply despite being served. The applicants filed written submissions in support of their application.
Issues
- Whether sufficient cause has been shown to set aside the dismissal order in Civil Suit No. 1235 of 2023.
Orders
- The dismissal order in Civil Suit No. 1235 of 2023 is set aside.
- Civil Suit No. 1235 of 2023 is hereby reinstated for hearing.
- Costs of this application shall be in the cause.
Cases cited (1)
- William Akankwasa v Registrar of Titles (HCMA No. 33 of 2008)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.