Wakilii

Ndagire and Another v Nabamba Kachwano (Civil Miscellaneous Application No. 273 of 2020)

High Court · [2021] UGHCLD 122 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for reinstatement of dismissed civil suit
Decision
Main suit reinstated for hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an application for reinstatement of a civil suit that had been dismissed for want of prosecution. The court found that the applicant demonstrated sufficient cause for non-appearance through correspondence from counsel between 2018 and 2020 showing continued interest in pursuing the case. The respondent filed no affidavit in opposition and the purported legal representation was not properly instructed. The application was treated as unopposed and granted with no order as to costs.

Outcome

Main suit reinstated for hearing

Facts

The applicants had filed Civil Suit No. 199 of 2013 which was dismissed by the High Court for want of prosecution. The applicants sought reinstatement under Order 9 rule 23 of the Civil Procedure Rules. The applicant deponed that she had sufficient cause for non-appearance when the matter was called for hearing in 2019. Between 2018 and 2020, the applicants' counsel made correspondence to court demonstrating continued interest in the case. A hearing notice was issued on 27 December 2020 and received by the respondent's counsel on 12 February 2020 for a hearing date of 21 February 2020, but counsel indicated they had lost touch with the respondent. Service of the application was effected at the respondent's home in Kalagala, Luweero on 9 March 2021. The respondent filed no affidavit in reply. A firm purporting to represent the respondent filed submissions late without filing notice of instructions.

Issues

  1. Whether the applicant had sufficient cause for non-appearance when the matter was called for hearing in 2019.
  2. Whether the main suit should be reinstated.

Orders

  • Application granted.
  • Main suit HC CS No. 199 of 2013 reinstated.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Reinstatement of Dismissed Suits — Sufficient Cause for Non-Appearance
Where an applicant demonstrates through counsel's correspondence over an extended period that they maintained interest in pursuing a dismissed suit, this constitutes sufficient cause for non-appearance justifying reinstatement under Order 9 rule 23 of the Civil Procedure Rules.
Civil Procedure — Legal Representation — Notice of Instructions
A law firm purporting to represent a party must file a notice of instructions as required by law. Where no such notice is filed, the court will presume the firm is not duly instructed and will not accept submissions filed by that firm.
Civil Procedure — Submissions in Reply — Compliance with Court Directives
Submissions filed more than two weeks after the date directed by court, without an affidavit in opposition, and by counsel not properly instructed, will be rejected by the court.

Legislation cited (1)

Full judgment

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

Ndagire_and_Another_v_Nabamba_Kachwano_(Civil_Miscellaneous_Application_No._273_of_2020)_[2021]_UGHCLD_122_(10_June_2021)
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.