Ngwerisa Kiiza v Sagarukayo (HCT - 05 - CV - MA - 0287 - 2014)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the application to set aside the dismissal of Miscellaneous Application No. 155 of 2014. The court found that the applicant's claim that the application was scheduled for 26th December 2014 was false, as that was a public holiday. The application was in fact fixed for hearing on 26th November 2014 at 9:00am, as notified on 15th July 2014, and the applicant and counsel failed to appear without sufficient reason.

Outcome

Application to set aside dismissal refused

Facts

The applicant sought to set aside the dismissal of Miscellaneous Application No. 155 of 2014. The applicant contended in his supporting affidavit that the application was not cause listed for hearing on 26th December 2014, and that when his counsel Mr. Edson Tusiime inquired, he was informed the file was missing. He later received a phone call informing him the application had been dismissed. The respondent in reply stated that the application was fixed for hearing on 26th November 2014 at 9:00am, and that the applicant's counsel did not appear. Court records confirmed the hearing date was set on 15th July 2014 for 26th November 2014 at 9:00am.

Issues

1. Whether there was sufficient reason to set aside the dismissal of Miscellaneous Application No. 155 of 2014.

Orders

• Application dismissed.
• Costs awarded to the respondent.

Legislation cited (3)

• Civil Procedure Act s.98
• Civil Procedure Rules O.52 r.1
• Civil Procedure Rules O.52 r.2

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