Wakilii

Zirinkomyawo Ibrahim v Nakkonde Agnes [2026] UGHCLD 80

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion for a consequential order of eviction, called on for hearing in the High Court (Land Division)
Decision
Application dismissed for non-appearance of both parties; no order as to costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where neither party nor their advocates appeared when an application was called on for hearing, despite a hearing notice having been issued and uploaded on ECCMIS more than a month in advance, the court exercised its discretion under Order 9 rule 17 of the Civil Procedure Rules to dismiss the application for non-appearance. The application, which sought a consequential order evicting the respondent from part of land comprised in Block 32, Plot 424 at Mutundwe, was dismissed with no order as to costs. No substantive question relating to the land was determined.

Outcome

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

Facts

The applicant filed a notice of motion seeking a consequential order evicting the respondent, her agents and anyone claiming on her behalf from part of the land comprised in Block 32, Plot 424 at Mutundwe, together with costs of the application. The application was fixed for hearing on 2 April 2026 at 3:00pm, and a hearing notice to that effect was issued and uploaded on the Electronic Court Case Management Information System (ECCMIS) on 24 February 2026. On the appointed date neither the applicant nor his lawyers, nor the respondent nor her lawyers, appeared before the court. The court accordingly invoked Order 9 rule 17 of the Civil Procedure Rules.

Issues

  1. Whether the application should be dismissed where neither party appeared 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 when the Application was 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 SI 71-1, order that the matter be dismissed.

Legislation cited (3)

Full judgment

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Zirinkomyawo Ibrahim v Nakkonde Agnes [2026] UGHCLD 80 (2 April 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.