Opportunity Bank (U) Ltd v Ruzibiriza Emmanuel Kasingaho and Others (Civil Suit No 168 of 2020)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court dismissed the suit pursuant to Order 17 rule 4 of the Civil Procedure Rules after both parties failed to appear when the matter was called on for hearing on 15 September 2025, despite proper notice via ECCMIS and circulation of the cause list. The court exercised its discretion under the rule, which permits immediate determination where parties fail to perform acts necessary for the further progress of the suit.
Outcome
Suit dismissed for failure of parties to appear at hearing
Facts
This was a civil suit filed by Opportunity Bank (U) Ltd against three defendants. The matter was cause listed for hearing on 15 September 2025, and the cause list was widely circulated. Hearing notice was issued via the Electronic Case Management Information System (ECCMIS). When the matter was called on for hearing, neither the plaintiff nor the defendants appeared before the court.
Issues
- Whether the court should dismiss the suit where parties failed to appear when the matter was called on for hearing.
Orders
- Suit dismissed pursuant to Order 17 rule 4 of the Civil Procedure Rules.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.