Wakilii

Samantha Tinkamanyire v Kheri Group Limited (Civil Suit 1601 of 2023)

High Court · [2026] UGCOMMC 108 · 2026 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit dismissed for plaintiff's non-compliance with court directions
Decision
Suit dismissed with costs to the defendant

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

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 17 Rule 4 of the Civil Procedure Rules where the plaintiff failed to comply with court directions for filing pre-trial documents, did not respond to the defendant's Joint Scheduling Memorandum, and failed to appear at two scheduled hearing dates despite proper notice.

Outcome

Suit dismissed with costs to the defendant

Facts

The plaintiff filed a civil suit against the defendant in the Commercial Division. On 28 September 2024, the court directed parties to file pre-trial documents with a deadline of 17 May 2024. The defendant prepared a Joint Scheduling Memorandum and sent it to the plaintiff on 6 May 2024, but received no response. The court issued two hearing notices for 18 December 2025 and 24 March 2026. The plaintiff and her counsel failed to appear on either date. The defendant appeared on 24 March 2026 and applied for dismissal. There was no evidence of any compliance by the plaintiff with the court's directions since the scheduling conference on 28 March 2024.

Issues

  1. Whether the suit should be dismissed for the plaintiff's failure to comply with court directions and failure to appear at scheduled hearings.

Orders

  • Suit dismissed in accordance with Order 17 Rule 4 of the Civil Procedure Rules.
  • Costs awarded to the defendant.

Rules and key headnotes

Civil Procedure — Dismissal for Want of Prosecution — Plaintiff's Duty to Progress Suit
When parties invoke the court's jurisdiction, they recognize both the necessity of judicial determination and the authority of the court to adjudicate. The plaintiff bears a pivotal role in ensuring the progression of the suit, and failure to comply with court directions and appear at scheduled hearings justifies dismissal under Order 17 Rule 4 of the Civil Procedure Rules.
Civil Procedure — Summary Determination — Non-Compliance with Court Directions
Where a party defaults in taking action necessary to facilitate the expeditious progression of a case, the court is empowered under Order 17 Rule 4 of the Civil Procedure Rules to determine the matter summarily by dismissing the suit.

Legislation cited (2)

Full judgment

↓ Download PDF

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

Samantha Tinkamanyire v Kheri Group Limited (Civil Suit 1601 of 2023) [2026] UGCommC 108 (24 March 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.