Semugooma and 2 Others v Kasolo and Another (Miscellaneous Application 1 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court considered an application to set aside a default order dismissing Civil Suit 47 of 2017 for want of prosecution. The applicants sought reinstatement under Order 9 rule 18 of the Civil Procedure Rules, arguing that COVID-19 pandemic disruptions, judicial transfers, and miscommunication with the court clerk about cause listing prevented their appearance. The judgment text is incomplete and does not contain the court's final determination.
Facts
Civil Suit No. 47 of 2017 was filed on 14 March 2017 by the applicants against the respondents for fraud. Interim conservatory injunctions were issued on 16 October 2018. The matter was awaiting hearing allocation when the COVID-19 pandemic struck in 2020, leading to nationwide lockdown and suspension of court hearings. The matter was initially allocated to Justice David Batema, who was transferred in 2022. The applicants' counsel maintained contact with the court clerk, Ms. Apil, who informed them the matter had been cause-listed. However, this information was relayed at approximately 10:00am when counsel was appearing in another matter. Upon checking the cause list, counsel discovered the matter was never actually listed. On 24 October 2022, the court dismissed the suit for want of prosecution. The applicants then brought this application to set aside the dismissal.
Issues
- Whether the Applicants have shown sufficient cause for the order of dismissal to be set aside.
- What remedies are available to the parties.
Legislation cited (7)
- Constitution of the Republic of Uganda 1995 Article 28(1)
- Constitution of the Republic of Uganda 1995 Article 44(c)
- Constitution of the Republic of Uganda 1995 Article 126(2)(e)
- Judicature Act Cap 13 s.33
- Civil Procedure Act Cap 71 s.98
- Civil Procedure Rules SI 71-1 Order 9 rule 18
- Civil Procedure Rules SI 71-1 Order 52 rules 1 and 3
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.