Wakilii

Tinkasimire and Another v Nakalema (Misc Application No. 002 of 2011)

High Court · [2012] UGHC 420 · 2012 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal of earlier miscellaneous application for non-attendance
Decision
Application dismissed for misuse of court process

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application to set aside the dismissal of an earlier miscellaneous application. The court found that proper hearing notice had been served on the applicants' advocates more than one month before the hearing date. The application had been dismissed for non-attendance on two previous occasions. The court held that reinstating the application again would amount to misuse of court process.

Outcome

Application dismissed for misuse of court process

Facts

The applicants sought to set aside the dismissal of Misc. Application No. 002 of 2007, which had been dismissed on 16th August 2011 under Order 9 Rule 22 for non-attendance. They contended they had not been served with hearing notice. However, the court record showed a hearing notice was served on the applicants' advocates on 1st July 2011, approximately one and a half months before the hearing date. The notice was received by an employee of the advocates' firm and stamped with the firm's stamp. The same application had previously been dismissed by Lady Justice Kiggundu on 24th February 2010 for non-attendance, then reinstated, only to be dismissed again on 16th August 2011.

Issues

  1. Whether the applicants were duly served with hearing notice for the date on which the earlier application was dismissed.
  2. Whether the court should exercise its discretion to reinstate an application dismissed for non-attendance.

Orders

  • Misc. Application No. 002 of 2011 dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Service of Process — Service on Advocate
Under Order 5 Rule 10 of the Civil Procedure Rules, service may be effected upon the defendant in person or upon an agent of the defendant empowered to receive service. An advocate duly instructed is an agent for that purpose.
Civil Procedure — Reinstatement of Dismissed Applications — Misuse of Process
Where an application has been dismissed for non-attendance on two previous occasions despite proper service of hearing notices, reinstating it again would amount to misuse of court process. There must be an end to litigation where parties and their counsel have demonstrated sufficient unseriousness before the court.

Legislation cited (4)

Full judgment

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Tinkasimire and Another v Nakalema (Misc Application No. 002 of 2011) [2012] UGHC 420 (7 March 2012)
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.