Seguya Mohamed and Another v Tibeingan Deox and Others (Miscellaneous Application 1398 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application dismissed for non-service on respondents and non-appearance of applicants and their counsel at the scheduled hearing. Court found no affidavit of service on record and no explanation for failure to serve or appear.
Outcome
Application dismissed for procedural default
Facts
The applicants filed a miscellaneous application arising from Civil Suit No. 322 of 2012 seeking various declarations concerning ownership of suit land formerly Block 397 plot 126, subsequently subdivided, and relating to bonafide purchaser status of several parties. The application was filed via ECCMIS on 30th May 2024. The matter was scheduled for hearing on 21st November 2024 at 10:30am. Neither the parties nor their counsel appeared at the hearing. The court noted that no affidavit of service was on record, indicating the application had not been served on the respondents. No explanation was provided for the failure to serve the respondents or for the non-appearance of the applicants and their counsel.
Orders
- Application dismissed under Order 5 and Order 9 rule 17 of the Civil Procedure Rules.
Legislation cited (8)
- Judicature Act s.33
- Civil Procedure Act s.34(1)
- Civil Procedure Act s.92
- Civil Procedure Act s.98
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.3
- Civil Procedure Rules O.5
- Civil Procedure Rules O.9 r.17
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.