Wakilii

Olowo Zack t a Zack Olowo Advocates and Solicitors v Mukasa Ronald Lubwama and 2 Others (Miscellaneous Application No. 749 of 2024)

High Court · [2025] UGHCLD 245 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal of earlier miscellaneous application for non-appearance
Decision
Dismissal order set aside and underlying application reinstated for hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court held that an applicant who was present in the judge's chambers but was summoned to appear before the Registrar over the same matter on the same date had sufficient cause for non-appearance before the judge. The concurrent cause listing by both the judge and the Registrar was an administrative error that should not be visited upon the applicant. The dismissal order was set aside and the application reinstated.

Outcome

Dismissal order set aside and underlying application reinstated for hearing

Facts

The Applicant filed Miscellaneous Application No. 2673 of 2023. On 7 March 2024, the matter was concurrently listed for hearing before both the trial judge at 12:00pm and the Registrar at the same time. The Applicant was present in the judge's chambers waiting for the matter to be called when he was summoned to appear before the Registrar over the same matter. He appeared before the Registrar, believing the judge had handed over the application to the Registrar for handling. The Registrar gave schedules for filing submissions and set a ruling date. When the Applicant appeared for ruling on 26 March 2024, the Registrar informed him that the judge had dismissed the application for non-attendance under Order 9 Rule 17. The Applicant then filed this application to set aside the dismissal.

Issues

  1. Whether the Applicant had sufficient cause for non-appearance?

Orders

  • Application allowed.
  • Order dismissing Miscellaneous Application No. 2673 of 2023 set aside.
  • Miscellaneous Application No. 2673 of 2023 reinstated.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Setting Aside Dismissal — Sufficient Cause — Test for Reinstatement
The test for setting aside a dismissal for non-appearance is whether the applicant honestly intended to attend the hearing and did his best to do so, and whether there was sufficient cause preventing attendance such that the party had not acted negligently or in want of bona fides.
Civil Procedure — Setting Aside Dismissal — Administrative Error — Concurrent Cause Listing
Where the same matter is concurrently listed for hearing before both a judge and a registrar at the same time, and the applicant appears before the registrar believing the judge had handed over the matter, this constitutes an administrative error that should not be visited upon the applicant and amounts to sufficient cause for non-appearance before the judge.

Legislation cited (5)

Cases cited (3)

  • National Insurance Corporation v Mugenyi & Co. Advocates (Civil Appeal No. 14 of 1984)
  • Bishop Jacinto Kibuuka v The Uganda Catholic Lawyers Society & 2 Others (Miscellaneous Application No. 696 of 2018)
  • Lake Victoria Bottling Co. Ltd v Anthony Constance (HCCS No. 6 of 1962)

Full judgment

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

Olowo_Zack_t_a_Zack_Olowo_Advocates_and_Solicitors_v_Mukasa_Ronald_Lubwama_and_2_Others_(Miscellaneous_Application_No._749_of_2024)_[2025]_UGHCLD_245_(13_June_2025)
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.