Volcano Limited v Board of Governors Old Kampala Secondary School (Civil Suit No. 436 of 2018)

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.

Holding

The court dismissed the main suit for want of prosecution under Order 9 rule 22 of the Civil Procedure Rules where the plaintiff company and its counsel failed to appear at the scheduled hearing and failed to comply with court directions to file witness statements. The court ordered that it would proceed with the defendant's counterclaim.

Outcome

Main suit dismissed for want of prosecution; counterclaim to proceed to hearing

Facts

Volcano Limited filed suit initially in the Commercial Division seeking a declaration that the defendant breached a tenancy agreement and claiming special damages of UGX 252,693,500, general damages, and interest at 25%. The matter was transferred to the Land Division. The defendant filed a written statement of defence and counterclaim, admitting that a tenancy agreement had been executed following invited bids for hiring property on LRV 746 Folio 72 Plot 79 Nakasero Road, but alleging the plaintiff acted fraudulently by submitting an invalid Tax Clearance Certificate and carried out works in contravention of KCCA laws and orders. The defendant admitted refunding UGX 240,000,000 to the plaintiff. At the scheduled hearing on 6 June 2022, the plaintiff company and its counsel failed to appear and had not complied with court directions to file witness statements.

Issues

1. Whether the main suit should be dismissed for want of prosecution where the plaintiff failed to appear at the scheduled hearing and failed to comply with court directions to file witness statements.

Orders

• Main suit Civil Suit No. 436 of 2018 dismissed for want of prosecution.
• Court to proceed with the counterclaim.
• All witness statements to be served and filed in court by 14th July 2022.
• In the event the counter-defendant does not turn up with its witnesses and upon sufficient proof of service of witness statements, court shall make an order to proceed ex parte in respect of matters raised in the counterclaim.
• In the event of the counterclaimant's failure to turn up with its witnesses on the day fixed for hearing, the counterclaim shall also be dismissed.
• Hearing date for the counterclaim: 16th November 2022 at 9:30 am.
• Costs of the dismissed suit shall await the outcome of the counterclaim.

Legislation cited (1)

• Civil Procedure Rules Order 9 rule 22

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