Ntambara v Segawole (Miscellaneous Application No. 1082 of 2019)

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

Where an applicant and counsel fail to appear on a hearing date without explanation, the court has discretion under Order 17 rule 4 to proceed immediately or dismiss. However, where the matter comes before the judge for the first time and in the interests of justice, the court may grant one final adjournment to allow the applicant to prosecute the application, with costs awarded against the defaulting party.

Outcome

Matter adjourned for one final opportunity for applicant to prosecute application

Facts

The applicant sought to set aside an ex parte judgment and order allowing hearing to proceed in his absence in Civil Suit No. 454 of 2004. On 15 January 2020, both parties and counsel appeared before the Deputy Registrar who adjourned the matter to 5 February 2020 for mention and ordered maintenance of status quo regarding suit land. On 5 February 2020, the matter came for hearing but neither the applicant nor his counsel appeared. Respondent's counsel moved for dismissal under Order 9 rule 22 and Order 17 rule 4. The court record showed a pattern of the applicant's non-attendance dating back to the head suit proceedings in 2007, when ex parte judgment was entered against him on 30 August 2007 after his repeated failure to appear despite service and generous adjournments.

Issues

1. Whether the court should dismiss the application under Order 17 rule 4 of the Civil Procedure Rules where the applicant and counsel fail to appear on the hearing date with no reason given.

Orders

• One final adjournment is allowed in this matter for the applicant and or his counsel to appear in court to prosecute this application.
• This matter shall come for hearing on the 17th day of February, 2020 at 9.00 am.
• The costs of today the 7th and that of 5th February, 2020 is awarded to the Respondent.

Rules and key headnotes

Legislation cited (7)

• Civil Procedure Rules S.I 71-1 Order 9 rule 27
• Civil Procedure Rules S.I 71-1 Order 52 rules 1
• Civil Procedure Rules S.I 71-1 Order 52 rules 3
• Civil Procedure Rules S.I 71-1 Order 9 rule 22
• Civil Procedure Rules S.I 71-1 Order 17 rule 4
• Civil Procedure Act s.98
• Judicature Act Cap. 13 s.33

Cases cited (2)

• Kiiza Augustine v Katusabe Vincent (HCT-01-CV-LD-CA-060 of 2013)
• Ntalo Mohamed v Stanbic Bank of Uganda Limited (Miscellaneous Application No. 211 of 2017)

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