Teriyeitu Juvenal Joseph v Akwero Getrude Alori (Miscellaneous Application 1645 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed a miscellaneous application under Order 9 rule 22 of the Civil Procedure Rules where the applicant and his advocate failed to appear at the scheduled hearing without providing any reason for their absence, despite the hearing date being verifiable on the court's electronic case management system.
Outcome
Application dismissed for non-appearance
Facts
This was a miscellaneous application arising from Civil Suit No. 249 of 2022. The matter was scheduled for hearing on 4 June 2026. The respondent's counsel appeared in court and confirmed the hearing date was verifiable on the Electronic Court Case Management Information System (ECCMIS). Neither the applicant nor his advocate appeared in court, and no explanation was provided for their absence. The respondent's counsel requested dismissal of the application.
Issues
- Whether the application should be dismissed for non-appearance of the applicant and his advocate without explanation
Orders
- Application dismissed under Order 9 rule 22 of the Civil Procedure Rules.
- Costs awarded to the respondent.
Legislation cited (1)
- Civil Procedure Rules O.9 r.22
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.