Nankya Lilian v Sunday Allan Kakamilizi (Miscellaneous Application 224 of 2024)

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 application, which arose out of Civil Suit No. 0715 of 2019, was fixed for hearing after notice was uploaded on ECCMIS. On the hearing date neither the parties nor their counsel appeared, and the non-appearance was unexplained. The court dismissed the application under Order 9 rule 17 of the Civil Procedure Rules, making no order as to costs. The ruling turns solely on non-appearance and determines no substantive question of land or property law.

Outcome

Application dismissed for non-appearance of the parties and their counsel

Facts

The applicant, Nankya Lilian, brought Miscellaneous Application No. 224 of 2024 arising out of Civil Suit No. 0715 of 2019 against Sunday Allan Kakamilizi, who sued through his lawful attorney Sara Kutesa. The matter was fixed for hearing on 9 December 2025 and notice of the hearing date was uploaded on the Electronic Court Case Management Information System (ECCMIS). When the matter came up before the court, neither the parties nor their counsel attended and no explanation was offered for the absence. The court recorded the unexplained absence and dismissed the application.

Issues

1. Whether the application should be dismissed where neither the parties nor their counsel appeared for the scheduled hearing without explanation.

Orders

• The application is dismissed under Order 9 rule 17 of the Civil Procedure Rules.
• No orders as to costs.

Rules and key headnotes

Legislation cited (1)

• Civil Procedure Rules O.9 r.17

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