Wakilii

Stanley Kikawa and Another v Commissioner Land Registration and Another (Miscellaneous Application No. 1668 of 2025)

High Court · [2025] UGHCLD 324 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal order and reinstate earlier miscellaneous application
Decision
Dismissal order set aside and underlying application reinstated for hearing on merit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court allowed application to set aside dismissal order where the underlying application had been dismissed for want of prosecution after the hearing date was changed without notice to the applicants. The court found it in the interest of justice to reinstate the application to enable it proceed on its merits.

Outcome

Dismissal order set aside and underlying application reinstated for hearing on merit

Facts

The applicants had filed Misc. Application No. 2748 of 2024 which was initially fixed for hearing on 15th October 2025. The hearing date was subsequently changed to 23rd June 2025 without notice to the applicants. The application was dismissed for want of prosecution due to non-appearance. The applicants brought this application seeking to set aside the dismissal ruling and have the application reinstated. The 1st respondent did not object to the application. The 2nd respondent was served but did not enter appearance.

Issues

  1. Whether the ruling in Misc. Application No. 2748 of 2024 should be set aside and the application re-instated for hearing on merit.

Orders

  • Application allowed.
  • The ruling in Misc. Application No. 2748 of 2024 set aside.
  • Misc. Application No. 2748 of 2024 reinstated to be heard on merit.
  • Applicant to serve Misc. Application No. 2748 of 2024 and corresponding submissions onto the Respondents by 7th October 2025.
  • Respondents to file their respective replies by 13th October 2025.
  • Rejoinder submissions if any to be filed by 18th October 2025.

Rules and key headnotes

Civil Procedure — Setting Aside Orders — Dismissal for Want of Prosecution — Change of Hearing Date Without Notice
Where a hearing date is changed without notice to a party and the application is subsequently dismissed for want of prosecution due to non-appearance, the court may exercise its discretion to set aside the dismissal order and reinstate the application in the interest of justice.

Legislation cited (6)

Full judgment

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

Stanley_Kikawa_and_Another_v_Commissioner_Land_Registration_and_Another_(Miscellaneous_Application_No._1668_of_2025)_[2025]_UGHCLD_324_(6_October_2025)
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.