Wakilii

Registered Trustees of Jamiyatul Muslemin Anjman v Masindi Town Muslim Community Limited and 7 Others (Miscellaneous Application 1 of 2023)

High Court · [2024] UGHC 588 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to review and set aside order dismissing Civil Suit No. 8 of 2018 for want of prosecution and for reinstatement of the suit
Decision
Civil Suit No. 8 of 2018 reinstated to be heard on its merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court allowed the application to review and set aside its order dismissing Civil Suit No. 8 of 2018 for want of prosecution. The court held that the suit was dismissed under Order 9 rule 17 of the Civil Procedure Rules when neither party appeared on 8 June 2022. The applicant had sufficient reason for non-attendance as neither party had been served with a hearing notice. The court exercised its inherent jurisdiction under Order 46 rule 1 to review the dismissal order, finding that litigants must be properly notified before a suit is dismissed. Civil Suit No. 8 of 2018 was reinstated to be heard on its merits.

Outcome

Civil Suit No. 8 of 2018 reinstated to be heard on its merits

Facts

The applicant filed Civil Suit No. 8 of 2018 seeking declarations concerning ownership and management of Masindi Town Mosque and property registered in the name of the first respondent. The suit was dismissed for want of prosecution on 16 July 2020 but reinstated after consent of both parties. On 22 September 2021, the suit was reinstated a second time. On 8 June 2022, when the suit was called for hearing, neither party nor their advocates appeared. The court dismissed the suit for want of prosecution under Order 9 rule 17. The applicant contended that neither party had been served with a hearing notice for 8 June 2022. The applicant brought this application under Order 46 rule 1 seeking to review and set aside the dismissal order and reinstate the suit. The respondents opposed, arguing the applicant had failed to prosecute the case for nearly two years and had shown no interest.

Issues

  1. Whether the dismissal of Civil Suit No. 8 of 2018 for want of prosecution was justified.
  2. What remedies are available to the applicant.

Orders

  • The order dismissing Civil Suit No. 8 of 2018 is set aside.
  • The case is to be expeditiously fixed for hearing within 30 days of this ruling.
  • Civil Suit No. 8 of 2018 is reinstated to be heard on its merits.
  • Costs of this application shall be in the cause.

Rules and key headnotes

Civil Procedure — Dismissal for Want of Prosecution — Order 9 Rule 17 — Requirement of Notice to Parties
Where a suit is dismissed for want of prosecution under Order 9 rule 17 in the absence of both parties, the court must ensure that both parties were properly notified of the hearing date before exercising its power to dismiss, in accordance with principles of natural justice and the right to a fair hearing.
Civil Procedure — Review of Orders — Order 46 Rule 1 — Grounds for Review
The High Court has inherent jurisdiction under Order 46 rule 1 to review its own orders where a litigant can demonstrate sufficient reason for non-attendance at a hearing, particularly where no proper notice of the hearing was given to the parties.
Civil Procedure — Dismissal for Want of Prosecution — Order 17 Rule 6 — Two-Year Period
Under Order 17 rule 6 of the Civil Procedure Rules, a suit may be dismissed if no step is taken for two years. A suit dismissed before two years have elapsed from reinstatement cannot be said to have abated under this provision.

Legislation cited (10)

Cases cited (5)

  • Siraji Vs. Stanbic Bank
  • Continental Bank of Kenya Ltd v Mukunva [2003] 1 EA 209
  • National Insurance Corporation v Mugenyi and Company Advocates [1987] HCB 28
  • Allen vs Sir Alfred Mc Alpine
  • Dr. James Akampumuza Vs. Eddie Tukamushaba Kuroboza, Makerere University Business School, and 2 Ors

Full judgment

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

Registered Trustees of Jamiyatul Muslemin Anjman v Masindi Town Muslim Community Limited and 7 Others (Miscellaneous Application 1 of 2023) [2024] UGHC 588 (30 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.