Nyeko Rac Community Farmers Co-op Society and Another v Frontier Value Commodities and Another (Miscellaneous Application 37 of 2023)

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 applicants and their counsel fail to attend a scheduled hearing without communication to the court, and have taken no steps to prosecute the matter since filing in December 2022, the court will dismiss the application for want of prosecution and enter judgment for the respondents in the underlying suit with costs.

Outcome

Application dismissed for want of prosecution; judgment entered for respondents in underlying civil suit

Facts

The applicants filed Miscellaneous Application No. 37 of 2023 on 20 December 2022 arising from Civil Suit No. 0962 of 2022. A hearing notice was issued for 11 January 2024 and the matter appeared on the cause list. On the hearing date, counsel for the respondents appeared but the applicants and their counsel were absent. Respondents' counsel submitted that they had not been served with the application but became aware of it through the cause list on ECCMIS. The applicants had taken no steps to proceed with the matter since filing. The court received no communication explaining the absence. The respondents prayed for dismissal and entry of judgment for a liquidated sum of UGX 60,000,000 plus interest at 25% per annum in the underlying civil suit.

Issues

1. Whether the application should be dismissed for want of prosecution where the applicants and their counsel failed to appear.

Orders

• Application dismissed with costs to the Respondents.
• Judgment entered for the Plaintiffs/Respondents in the terms prayed for in Civil Suit No. 0962 of 2022.
• Costs awarded to the Plaintiffs.

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