Wakilii

Tumwesigye Julius Foundation Ltd v Mahmud Bharwani and Others [2026] UGHCLD 72

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application by chamber summons seeking consolidation of two suits, called on for hearing in the Land Division
Decision
Application for consolidation dismissed for non-appearance of the parties; no order as to costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The applicant sought consolidation of two suits under section 33 of the Judicature Act, section 98 of the Civil Procedure Act and Order 11 of the Civil Procedure Rules. On the first hearing date the applicant did not appear and had not served the 1st respondent, and the matter was adjourned. On the adjourned date neither the applicant nor the 1st respondent appeared. The Court held that where neither party appears when a matter is called on for hearing, Order 9 rule 17 of the Civil Procedure Rules empowers the court to dismiss it. The application was accordingly dismissed for non-appearance, with no order as to costs. The merits of consolidation were not considered.

Outcome

Application for consolidation dismissed for non-appearance of the parties; no order as to costs

Facts

The applicant filed a chamber summons seeking an order consolidating Civil Suit No. 1245 of 2023 and Civil Suit No. 416 of 2022. The application was fixed for hearing on 12 February 2026. On that date counsel for the 1st respondent attended, but there was no appearance by the applicant or its lawyer. Counsel for the 1st respondent informed the Court that the application had not been served on the 1st respondent and sought an adjournment in order to obtain the pleadings and file an affidavit in reply. The hearing was adjourned to 19 March 2026. On the adjourned date neither the applicant nor its lawyer appeared, and there was likewise no appearance by the 1st respondent's lawyer or representative. The Court proceeded to dispose of the application on the basis of the parties' non-appearance.

Issues

  1. Whether the application for consolidation of Civil Suit No. 1245 of 2023 and Civil Suit No. 416 of 2022 should be granted.
  2. Whether the application should be dismissed under Order 9 rule 17 of the Civil Procedure Rules where neither party appears on the date fixed for hearing.

Orders

  • The Application is dismissed under Order 9, Rule 17 of the Civil Procedure Rules SI 71-1 for non-appearance of the parties on the date fixed for hearing.
  • There is no order for costs.

Rules and key headnotes

Civil Procedure — Non-Appearance of Parties — Dismissal under Order 9 rule 17 of the Civil Procedure Rules
Where neither party appears when a suit or application is called on for hearing, the court may, under Order 9 rule 17 of the Civil Procedure Rules, dismiss the matter without considering its merits.

Legislation cited (4)

Full judgment

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Tumwesigye Julius Foundation Ltd v Mahmud Bharwani and Others [2026] UGHCLD 72 (19 March 2026)
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.