Wakilii

Ssembajjwe v Ssembajjwe and 3 Others (Civil Suit No. 276 of 2018)

High Court · [2023] UGHCLD 101 · 2023 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for land dispute dismissed for plaintiff's non-appearance at hearing
Decision
Suit dismissed for plaintiff's non-appearance

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the suit under Order 9 Rule 22 of the Civil Procedure Rules after the plaintiff failed to appear at the hearing scheduled for 18th April 2023, more than two and half years after initial directions were given. The defendants appeared and moved for dismissal. The court found the plaintiff had lost interest in prosecuting the suit and granted the mandatory dismissal with costs to the defendants.

Outcome

Suit dismissed for plaintiff's non-appearance

Facts

The plaintiff filed suit on 25th April 2018 against four defendants concerning land formerly comprised in Kyadondo Block 720, Plot 707 at Kabuuza which had been subdivided. Hearing commenced on 11th September 2020 with the plaintiff and the 1st and 2nd defendants present. The parties agreed to conduct a survey of the suit land and were advised to settle the matter out of court. The court directed that if settlement failed, the plaintiff was to generate a joint scheduling memorandum and file trial bundles. Further directions required all witness statements to be filed by 14th September 2020. Although the survey was conducted, the plaintiff failed to comply with court directives and did not appear at the hearing on 18th April 2023, more than two and half years later. The 1st, 2nd and 3rd defendants and their counsel attended. No explanation was provided for the plaintiff's absence.

Issues

  1. Whether the suit should be dismissed under Order 9 Rule 22 of the Civil Procedure Rules where the plaintiff failed to appear when the suit was called for hearing.

Orders

  • Suit dismissed under Order 9 Rule 22 of the Civil Procedure Rules.
  • Costs awarded to the 1st, 2nd and 3rd defendants.

Rules and key headnotes

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

Legislation cited (1)

  • Civil Procedure Rules O.9 r.22

Full judgment

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

Ssembajjwe_v_Ssembajjwe_and_3_Others_(Civil_Suit_No._276_of_2018)_[2023]_UGHCLD_101_(18_April_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.