Wakilii

People Finance Investment Co. Limited v Kasasa & 2 Others (Miscellaneous Application 2340 of 2023)

High Court · [2024] UGCOMMC 100 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal order and reinstate underlying civil suit for recovery of liquidated sum
Decision
Dismissal order set aside and underlying suit reinstated for hearing on the merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the applicant demonstrated sufficient cause for non-appearance where hearing notices were never issued or served despite repeated requests for a hearing date, and where the applicant showed diligence in pursuing the matter through settlement negotiations. The dismissal order was set aside and the suit reinstated under Civil Procedure Act s.98 and Order 9 Rule 18.

Outcome

Dismissal order set aside and underlying suit reinstated for hearing on the merits

Facts

The applicant filed Civil Suit No. 317 of 2019 for recovery of USD 190,852. The suit was partly heard and a partial decree entered on admission by the respondents. The applicant repeatedly requested hearing dates between 2020 and 2023 to dispose of the remaining claim. The parties attempted out-of-court settlement which proved unsuccessful. The suit was listed for weeding out and dismissed for non-appearance of either party on 27 September 2022. Neither the applicant nor its lawyers received notice that the suit had been fixed for hearing. The applicant brought this application to set aside the dismissal order.

Issues

  1. Whether there is sufficient cause shown by the Applicant to warrant setting aside the dismissal and reinstate Civil Suit No. 317 of 2019
  2. What remedies are available to the parties

Orders

  • Application allowed.
  • Order dismissing Civil Suit No. 317 of 2019 set aside.
  • Civil Suit No. 317 of 2019 reinstated.
  • Costs in the cause.

Rules and key headnotes

Civil Procedure — Setting Aside Dismissal — Sufficient Cause — Non-appearance Due to Absence of Hearing Notices
Where a suit is dismissed for non-appearance under Order 9 Rule 17 of the Civil Procedure Rules, the court has discretion under Section 98 of the Civil Procedure Act and Order 9 Rule 18 to set aside the dismissal if the plaintiff satisfies the court that there was sufficient cause for non-appearance. Sufficient cause means the party has not acted negligently or in want of bona fides, and has acted diligently in the circumstances of the case.
Civil Procedure — Burden of Proof — Applications to Set Aside Dismissal
An applicant seeking to set aside a dismissal order bears the burden of proving on the balance of probabilities that there was sufficient cause for non-appearance, even where the matter is not defended by the respondent.
Civil Procedure — Uncontested Applications — Effect of Failure to File Reply
Where an applicant supports an application by affidavit and the respondent does not reply by affidavit or otherwise, and the supporting evidence is credible in itself, the facts stand as unchallenged and are presumed to be accepted by the respondent.
Civil Procedure — Sufficient Cause — Diligence in Prosecution — Repeated Requests for Hearing Dates
A party demonstrates sufficient cause for non-appearance where the party made repeated requests for a hearing date over an extended period, engaged in settlement negotiations in good faith, but was never served with hearing notices and thus could not attend court on the date fixed for weeding out.

Legislation cited (8)

Cases cited (6)

  • Mwesigye Warren v Kiiza Ben (High Court Civil Suit No. 320 of 2015)
  • Gideon Mosa Onchwati vs. Kenya Oil Co. Ltd & Anor [2017 KLR 650
  • Florence Nabatanzi v Naome Binsobodde (Supreme Court Civil Appeal No. 6 of 1987)
  • Oyollo Rosemary Akech v Okello Francis (High Court Miscellaneous Application No. 160 of 2019)
  • Serefaco Consultants Ltd v Euro Consults and Arcadis Euro Consult (Court of Appeal Civil Appeal No. 16 of 2007)
  • H.G. Gandesha and Kampala Estates Ltd v G.J. Lutaaya (Supreme Court Civil Appeal No. 14 of 1989)

Full judgment

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

People Finance Investment Co. Limited v Kasasa & 2 Others (Miscellaneous Application 2340 of 2023) [2024] UGCommC 100 (29 April 2024)
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.