Wakilii

Robert Mpagi Sebunya and Others v Princess Mutebi Beatrice Namikka (Civil Suit No. 293 of 2022)

High Court · [2026] UGHCLD 187 · 2026 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of title and rectification of register dismissed for non-appearance
Decision
Suit dismissed for non-appearance of plaintiffs

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 dismissed the suit under Order 9 Rule 22 of the Civil Procedure Rules for non-appearance of the plaintiffs when the matter was fixed for hearing on 25 May 2026. The defendant appeared but neither the plaintiffs nor their advocates attended despite notification through ECCMIS. Costs were awarded to the defendant.

Outcome

Suit dismissed for non-appearance of plaintiffs

Facts

The plaintiffs, as administrators of the estate of the late Alexandra Mary Nakamanya, filed suit on 12 April 2022 seeking declarations that land comprised in Block 94, plot 38 belonged to the estate, that the defendant's registration was procured through fraud, and orders for rectification of the register. The defendant filed a written statement of defence on 22 April 2022. The plaintiffs changed advocates on 5 March 2024 but took no further action to prosecute the case. On 5 February 2026, defendant's counsel requested a hearing date, noting the plaintiffs' inaction since April 2022. The matter was fixed for hearing on 25 May 2026 and the date was entered on ECCMIS. On the hearing date, defendant's counsel appeared but neither the plaintiffs nor their advocates attended court.

Issues

  1. Whether the suit should be dismissed for non-appearance of the plaintiffs when the matter was called for hearing.

Orders

  • The suit is hereby dismissed under Order 9, Rule 22 of the Civil Procedure Rules SI 71-1 for non-appearance of the Plaintiffs on 25th May, 2026 when the matter was fixed for hearing.
  • Costs are awarded to the Defendant.

Rules and key headnotes

Civil Procedure — Dismissal for Non-Appearance — Order 9 Rule 22
Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the court shall make an order that the suit be dismissed under Order 9 Rule 22 of the Civil Procedure Rules.

Legislation cited (1)

Full judgment

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Robert Mpagi Sebunya and Others v Princess Mutebi Beatrice Namikka (Civil Suit No. 293 of 2022) [2026] UGHCLD 187 (25 May 2026)
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.