Olowo Zack t a Zack Olowo Advocates & Solicitors v Mukasa Ronald Lubwama and Others (Miscellaneous Application 2373 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court dismissed the miscellaneous application under section 17 of the Judicature Act and Order 9 rule 17 of the Civil Procedure Rules after the applicant's counsel failed to appear at two consecutive scheduled hearings despite being present in court premises earlier on the first occasion.
Outcome
Application dismissed for non-appearance
Facts
The applicant had filed a miscellaneous application arising from Civil Suit No. 882 of 2018. On 7 March 2024 at 12.39pm, the application was scheduled for hearing. The applicant's counsel had been present in court premises at 11am during proceedings in another matter but was not located when the application was called at 12.30pm. The matter was adjourned to 11 March 2024 at 3.00pm. On that date at 3.38pm, the applicant's counsel was again absent from the court premises.
Issues
- Whether the application should be dismissed for non-appearance of the applicant's counsel at the scheduled hearing.
Orders
- Application dismissed under section 17 of the Judicature Act and Order 9 rule 17 of the Civil Procedure Rules.
Legislation cited (2)
- Judicature Act s.17
- Civil Procedure Rules O.9 r.17
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.