Wakilii

Tamale John and 22 Others v Uniliver Uganda Limited (H.C.Miscellaneous Application No. 557 of 2019)

High Court · [2021] UGHCCD 25 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to review and set aside dismissal order of Misc. Application No. 554 of 2014, brought under Order 9 Rule 23 of the Civil Procedure Rules
Decision
Dismissal order set aside; Misc. Application No. 554 of 2014 reinstated for determination on merits

Observed later treatment

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Holding

The court set aside the dismissal order and reinstated Misc. Application No. 554 of 2014. The dismissal was improper because the matter was not fixed for hearing and parties were not summoned—the judge called the file on his own motion. The applicants were not satisfied with the partial consent judgment and had been awaiting court directions for appointment of an Auditor General officer to assess remaining claims. Their non-appearance was excusable and they established sufficient cause under Order 9 Rule 23.

Outcome

Dismissal order set aside; Misc. Application No. 554 of 2014 reinstated for determination on merits

Facts

The applicants were former employees of Unilever Uganda Limited who successfully sued for terminal benefits in HCCS No. 237 of 2003. The court left quantum to be computed by the parties. When agreement failed, the applicants filed Misc. Application No. 554 of 2014 seeking payment of UGX 6,114,010,633. On 31 July 2015, parties agreed before the Registrar that an Auditor General officer would determine amounts owed. A partial consent judgment for UGX 140,766,242 was recorded on 10 August 2015 and paid. On 4 April 2017, the trial judge called the file on his own motion without summoning parties and dismissed the application under Order 17 Rule 3, presuming the applicants were satisfied with the partial payment. The applicants filed this application to set aside the dismissal, arguing they were never summoned and remained interested in pursuing the balance of their claim.

Issues

  1. Whether the dismissal order of Misc. Application No. 554 of 2014 should be set aside under Order 9 Rule 23 of the Civil Procedure Rules.
  2. Whether the applicants showed sufficient cause for their non-appearance when the application was dismissed.
  3. Whether the trial judge properly exercised discretion in dismissing the application under Order 17 Rule 3 when the matter was not fixed for hearing and parties were not summoned.

Orders

  • The dismissal order of 4 April 2017 is set aside.
  • Misc. Application No. 554 of 2014 is reinstated.
  • The reinstated application will be determined on its merits.
  • Costs in the cause.

Rules and key headnotes

Civil Procedure — Dismissal for Non-Appearance — Order 17 Rule 3 — Requirement of Hearing Date
A suit cannot be properly dismissed under Order 17 Rule 3 of the Civil Procedure Rules for non-appearance of parties unless the suit was fixed for hearing and the parties were summoned to appear on that date.
Civil Procedure — Setting Aside Dismissal Orders — Order 9 Rule 23 — Sufficient Cause
Where a court dismisses a matter on its own motion without summoning the parties and on a mistaken view of the facts, the applicant's non-appearance is excusable and constitutes sufficient cause under Order 9 Rule 23 for setting aside the dismissal order.
Civil Procedure — Reinstatement of Dismissed Suits — Balance of Justice
An application for reinstatement of a dismissed suit must be carefully scrutinized and granted as an exception rather than as a rule, but where the applicant is innocent of any significant failure to conduct the case with expedition and the non-attendance was excusable, the balance of justice favours reinstatement.

Legislation cited (3)

Cases cited (1)

  • Moguntia-Est Epices SA v Sea-Hawk Freight Pte Ltd [2003] 4 SLR (R) 429

Full judgment

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

Tamale John and 22 Others v Uniliver Uganda Limited (H.C.Miscellaneous Application No. 557 of 2019) [2021] UGHCCD 25 (30 April 2021)
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.