Wakilii

Sauda Nabaloga Kayima v Kiryowa Moses Kawunda (Miscellaneous Application 3145 of 2023)

High Court · [2023] UGHCLD 473 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for reinstatement of dismissed civil suit arising from Civil Suit No. 931 of 2018
Decision
Civil Suit No. 931 of 2018 reinstated for hearing on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court Land Division reinstated Civil Suit No. 931 of 2018 exparte after the respondent and his advocates failed to appear despite proper service. The court invoked section 98 of the Civil Procedure Act to reinstate the suit on grounds that it had not been heard on merits, ordering the matter to proceed interparty with directions for joint scheduling memorandum and trial bundles.

Outcome

Civil Suit No. 931 of 2018 reinstated for hearing on merits

Facts

This was an application for reinstatement of Civil Suit No. 931 of 2018. The applicant Sauda Nabaloga Kayima sought to reinstate the main suit which had apparently been dismissed or struck out. The respondent Kiryowa Moses Kawunda and his advocates from NSB were served with the application on 25th October 2023 but failed to appear for the hearing scheduled on 8th November 2023. The applicant's advocates requested to proceed exparte. The court verified service through an affidavit of service dated 3rd November 2023 which confirmed service on NSB on 25th October 2023 at 1.29pm.

Issues

  1. Whether Civil Suit No. 931 of 2018 should be reinstated despite non-appearance of the respondent and his advocates.

Orders

  • Application heard exparte under Order 9 of the Civil Procedure Rules.
  • Civil Suit No. 931 of 2018 reinstated pursuant to section 98 of the Civil Procedure Act.
  • Main suit to be heard interparty.
  • Advocates to file joint scheduling memorandum by 4th December 2023.
  • Trial bundles to be filed by 14th December 2023.
  • Exhibits to be marked on 16th January 2024 at 12.30pm.
  • Costs of this application to be determined in the main cause.

Rules and key headnotes

Civil Procedure — Reinstatement of Suit — Application under Section 98 of Civil Procedure Act — Suit Not Heard on Merits
Where a civil suit has been dismissed or struck out without being heard on merits, the court may invoke section 98 of the Civil Procedure Act to reinstate the suit to enable it to be heard interparty on the merits.
Civil Procedure — Exparte Proceedings — Non-Appearance of Respondent — Order 9 Civil Procedure Rules
Where a respondent has been properly served with an application but fails to appear for hearing, the court may proceed to hear the application exparte under Order 9 of the Civil Procedure Rules.

Legislation cited (3)

Full judgment

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Sauda_Nabaloga_Kayima_v_Kiryowa_Moses_Kawunda_(Miscellaneous_Application_3145_of_2023)_[2023]_UGHCLD_473_(8_November_2023)
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.