Wakilii

Western Cable Company Limited v Juliet Namuli Asiya and Others (Miscellaneous Application 2289 of 2025)

High Court · [2026] UGCOMMC 189 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review and reinstatement of a suit dismissed for want of prosecution under Order 17 rule 4 of the Civil Procedure Rules
Decision
Application for review dismissed; dismissal of Civil Suit No. 522 of 2019 stands

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application for review of a dismissal order made under Order 17 rule 4 of the Civil Procedure Rules. The court held that a dismissal under Order 17 rule 4 is final in nature and constitutes a decree, and therefore cannot be reviewed or reinstated by the same court. The proper remedy for an aggrieved party is appeal, not review. The court found no error apparent on the face of the record, noting that the hearing notice had been properly issued through ECCMIS and that the applicant's failure to check the system could not be attributed to the court.

Outcome

Application for review dismissed; dismissal of Civil Suit No. 522 of 2019 stands

Facts

Western Cable Company Limited instituted Civil Suit No. 522 of 2019 seeking recovery of UGX 3,849,868,242/= and declarations arising from alleged fraud, negligence, and misappropriation of company funds by former employees and related entities. The suit was dismissed for want of prosecution on 11 November 2020, reinstated on 4 November 2022, and dismissed again on 19 June 2025 when parties failed to appear for hearing. The applicant filed this application seeking review and reinstatement, contending it had not received notice of the hearing. A hearing notice had been issued on 30 May 2025 and posted on ECCMIS. The applicant argued it had taken meaningful steps to prosecute the suit including mediation, filing a discovery application, and filing witness statements. The respondents opposed, arguing the dismissal was proper, service was effected through ECCMIS, and the application was incompetent.

Issues

  1. Whether the 8th respondent's affidavit should be expunged from the record for being belatedly filed
  2. Whether the Application raises grounds for review
  3. Whether there are sufficient grounds for setting aside the dismissal of Civil Suit No. 522 of 2019 and reinstating the same for hearing inter parties

Orders

  • The 8th respondent's affidavit in reply is allowed and not expunged from the record.
  • The application for review is dismissed.
  • Costs awarded to the 2nd and 8th respondents.

Rules and key headnotes

Civil Procedure — Review of Judgments — Finality of Dismissal Orders under Order 17 rule 4
A dismissal order made under Order 17 rule 4 of the Civil Procedure Rules is final in nature and constitutes a decree. The remedy available to an aggrieved party is by way of appeal or review, not by way of an application for restoration or reinstatement by the same court.
Civil Procedure — Review of Judgments — Error Apparent on Face of Record
For an error to constitute a ground for review, it must be an error apparent on the face of the record, meaning an evident error which does not require any extraneous matter to show its incorrectness. It must be an error so manifest and clear that no court would permit such an error to remain on the record. A wrong application or interpretation of law is not an error apparent on the face of the record but is a ground for appeal.
Civil Procedure — Electronic Service — ECCMIS Service of Hearing Notices
Under the Judicature (Electronic Filing, Service and Virtual Proceedings) Rules, 2025, where a civil case has been electronically filed through ECCMIS, service of hearing notices may be effected electronically. It is not mandatory that a party receive an email or SMS for electronic service to be effective; service is deemed effected once there is delivery of confirmation receipt of the service. A party's failure to regularly check ECCMIS cannot be attributed to the court.
Civil Procedure — Late Filing of Affidavits — Discretion to Allow
An affidavit in reply, being evidence rather than a pleading in the strict sense, should be filed within a reasonable time before the hearing date. Where an affidavit is filed slightly outside court-ordered timelines but within the statutory 15-day period, and no prejudice is demonstrated by the opposing party, the court may exercise its discretion to allow the affidavit in the interest of determining the substantive issues on their merits rather than on technicalities.

Legislation cited (18)

Cases cited (24)

  • Samwiri Massa v Rose Acen (1978) HCB 297
  • Hajji Mutekanga v Equator Coffee Growers (Supreme Court Civil Appeal No. 7 of 1995)
  • FX Mubuuke v Uganda Electricity Board (High Court Miscellaneous Application No. 98 of 2005)
  • Lalwak v Opio (High Court Miscellaneous Application No. 0058 of 2016)
  • Ben Kiwanuka v Haji Nudin Matovu (Supreme Court Civil Appeal No. 17 of 1990)
  • Pentecostal Assemblies of God Lira Ltd v Pentecostal Assemblies of God Ltd (High Court Miscellaneous Application No. 014 of 2018)
  • Nyamogo & Nyamogo Advocates v Kago [2001] 2 EA 173
  • Stop and See (U) Ltd v Tropical Africa Bank Ltd (High Court Miscellaneous Application No. 0333 of 2010)
  • Senyonjo v Wakiso District Local Government Council & Another (Miscellaneous Cause No. 232 of 2023) [2024] UGHCCD 171
  • Dr. Lam Lagoro James v Muni University (High Court Miscellaneous Cause No. 007 of 2016)
  • Mamata Samantaray v Saraswati Patra C.M.P No.64 of 2023
  • Ashok Kumar Singh v Sri Prabhat Kumar Ghose and The Jharkhand State Housing Board AIR 2008 Jhar 76: (2008) 1 JCR 445
  • Mohamed Alibhai v E.E. Bukenya Mukasa (Supreme Court Civil Appeal No. 56 of 1996)
  • In Re: Nakivubo Chemists (U) Ltd (1979) HCB 12
  • Yusufu v Nokrach (1971) EA 104
  • Ladak Abdallah Mohammed Hussein v Isingoma Kakiiza (Supreme Court Civil Appeal No. 8 of 1995)
  • Edison Kanyabwere v Pastori Tumwebaze (Supreme Court Civil Appeal No. 6 of 2004)
  • Kishor Kumar Dhanji v Ndeffo Limited Civil Case No.170 of 2009
  • Nyamogo and Nyamogo Advocates v Kogo [2001] 1 EA 173
  • Igga Godfrey & Others v The Registered Trustees of Pentecostal Assemblies of God & Another (High Court Miscellaneous Application No. 11 of 2016)
  • National Bank of Kenya V Ndungu Njau Civil Appeal No. 211 of 1996
  • Pentecostal Assemblies of God Lira Limited v Pentecostal Assemblies of God Limited & Another (Miscellaneous Application No. 14 of 2018)
  • Diamond Trust Bank Ltd v Puma Energy Tanzania Civil Application No. 40 of 2016
  • Zainabu Juma Kaswaka v KCB Bank Tanzania Limited & 5 Ors Misc. Civil Application No. 20 of 2022

Full judgment

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Western Cable Company Limited v Juliet Namuli Asiya and Others (Miscellaneous Application 2289 of 2025) [2026] UGCommC 189 (31 January 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.