Wakilii

Uganda Muslim Supreme Council v Kassim Nsamba and Another (Civil Appeal 45 of 1996)

Court of Appeal · [1998] UGCA 71 · 1998 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal called for hearing; respondent applied for dismissal for want of prosecution due to appellant's non-appearance
Decision
Appeal dismissed for want of prosecution with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The appellant Council was served with the hearing notice on 10 April 1998 through its District Khadi at Mbarara but failed to appear to prosecute the appeal and offered no reason for the default. On the respondent's application under Rule 99 of the Rules of the Court, the Court of Appeal dismissed the appeal for want of prosecution, with costs to the respondent.

Outcome

Appeal dismissed for want of prosecution with costs to the respondent

Facts

The Uganda Muslim Supreme Council appealed against a decision involving Kassim Nsamba and Elias Gamba. When the appeal was first called on 27 January 1998, the court found service on the appellant defective, as the hearing notice appeared to have been served before leaving the Registry and it was unclear whether the appellant's Office Superintendent was authorised to receive service. The matter was adjourned for fresh service with no order as to costs. On 21 May 1998, the appellant was again absent, having been served on 10 April 1998 through its District Khadi at Mbarara. Counsel for the respondent applied for dismissal of the appeal under Rule 99 of the Rules of the Court on the ground that the appellant had shown no reason for failing to prosecute the appeal.

Issues

  1. Whether the appeal should be dismissed under Rule 99 of the Rules of the Court where the appellant, having been duly served, failed to appear to prosecute the appeal and showed no reason for the default.

Orders

  • Appeal dismissed under Rule 99 of the Rules of the Court.
  • Costs of the appeal awarded to the respondent.

Rules and key headnotes

Civil Procedure — Appeals — Dismissal for Want of Prosecution — Rule 99 of the Rules of the Court of Appeal
Where an appellant has been duly served with a hearing notice but fails to appear to prosecute the appeal and shows no reason for the default, the court may dismiss the appeal with costs under Rule 99 of the Rules of the Court on the application of the respondent.

Legislation cited (1)

  • Rules of the Court of Appeal Rule 99(1)

Full judgment

↓ Download PDF

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

Uganda Muslim Supreme Council v Kassim Nsamba and Another (Civil Appeal 45 of 1996) [1998] UGCA 71 (21 May 1998)
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.