Tumwesigye Julius Foundation Ltd v Mahmud Bharwani and Others (Miscellaneous Application No. 339 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application for consolidation of civil suits dismissed under Order 9 Rule 17 of the Civil Procedure Rules for non-appearance of both parties when the matter was called for hearing on 19 March 2026. No order as to costs.
Outcome
Application dismissed for non-appearance
Facts
The applicant sought consolidation of Civil Suit No. 1245 of 2023 and Civil Suit No. 416 of 2022. The application was scheduled for hearing on 12 February 2026 and 19 March 2026. At the first hearing, only counsel for the first respondent appeared; the applicant did not attend. The first respondent's counsel informed the court that the applicant had not served him with the application and requested an adjournment to obtain pleadings and file a reply. The matter was adjourned to 19 March 2026. On that date, neither the applicant nor any of the respondents appeared.
Issues
- Whether the application should be dismissed for non-appearance of parties at the scheduled hearing.
Orders
- Application dismissed under Order 9 Rule 17 of the Civil Procedure Rules SI 71-1 for non-appearance of the parties on the date when the application was fixed for hearing.
- No order for costs.
Legislation cited (4)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.