[2025] UGCommC 206
The court found that both parties failed to appear when the suit was called for hearing, constituting a failure to take necessary steps to advance the case. This default falls squarely within the ambit of Order 17 rule 4 of the Civil Procedure Rules, which empowers the court to proceed to decide the suit immediately...
Source-derived case information.
- Citation
- [2025] UGCommC 206
- Parties
- Plaintiff: Apurinari Reagan; Defendant: Green World International (U) Ltd; Defendant: Isaac Ren
- Court
- Commercial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Suit No: 717 of 2019
- Procedural Posture
- Civil Suit / Ruling
- Outcome
- suit dismissed for nonappearance of parties
- Judges
- Susan Odongo, J
- Legal Topics
- Dismissal for Nonappearance, Case Backlog Management, Breach of Contract, Distributorship Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Apurinari Reagan
Plaintiff
Green World International (U) Ltd
Defendant
Isaac Ren
Defendant
Procedural Posture
Civil Suit / Ruling
Legal Issues
- 1 Whether the suit should be dismissed for nonappearance of parties under Order 17 rule 4 of the Civil Procedure Rules.
- 2 Whether the court should exercise its discretion to determine the suit immediately due to parties' failure to prosecute.
Ratio Decidendi
The court found that both parties failed to appear when the suit was called for hearing, constituting a failure to take necessary steps to advance the case. This default falls squarely within the ambit of Order 17 rule 4 of the Civil Procedure Rules, which empowers the court to proceed to decide the suit immediately in such circumstances. Given the suit's age and its contribution to case backlog, the court exercised its discretion to dismiss the suit for want of prosecution and nonappearance, thereby promoting judicial efficiency and adherence to procedural timelines.
Court Disposition
suit dismissed for nonappearance of parties
Orders
- The suit is dismissed pursuant to Order 17 rule 4 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
20 paragraphs
## 5 THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (COMMERCIAL DIVISION) CIVIL SUIT NO: 0717 OF 2019
## 10 APURINARI REAGAN ==================== PLAINTIFF
#### VERSUS
### 1. GREEN WORLD INTERNATIONAL (U) LTD
2. ISAAC REN ======================DEFENDANTS
# 15 BEFORE: HON. LADY JUSTICE SUSAN ODONGO RULING
The Plaintiff filed this suit for breach of contract for distributorship of the 1 st Defendant's products seeking declaration that the termination of the contract was unlawful and orders that the defendants pay bonuses and commissions 20 accumulated within a period of 7 years amounting to USD 1,000,000.
This matter was cause listed and the cause list widely circulated. Hearing notice was issued via ECCMIS. However, when this matter was called on for hearing, the parties did not appear.
It is needful to state that the judiciary is currently burdened with case backlog, 25 and courts have adopted a stricter stance regarding adherence to timelines established to facilitate the expeditious disposal of cases. When a suit is called on by the court for hearing or for any related matter, it is incumbent upon parties to respond punctually and diligently to prosecute their matter, failure to do so results in the unnecessary consumption of the court's valuable time.
30 Therefore, where parties default in taking actions necessary to facilitate the expeditious progression of the case, Order 17 rule 4 of the Civil Procedure Rules, S. I. 17-1 guides the Court on how to proceed. The provision states;
*Where any party to a suit to whom time has been granted fails to produce his or her evidence, or to cause the attendance of his or her witnesses, or to perform any other act* 35 *necessary to the further progress of the suit, for which time has been allowed, the court*
5 *may, notwithstanding that default, proceed to decide the suit immediately. (emphasis mine).*
The performance of any other act necessary to the further progress of the suit, may comprise, filing necessary documents, complying with procedural orders, attending hearings. The determination of the suit, forthwith, is a matter within
10 the Court's discretion that lies with court.
Notably, since this suit was filed in 2019, it, undoubtedly, forms part of case backlog. In this case, the parties' failure to appear when the suit was called on for hearing constitutes a failure to take any further steps necessary to advance the case. An act proper for the exercise by this court of the discretion under 15 Order 17 rule 4 of The Civil Procedure Rules.
Thus, there being no appearance by the parties, I hereby dismiss this suit pursuant to Order 17 rule 4 of the Civil Procedure Rules.
I so order.
| S. Odongo | |-----------| | JUDGE | | 19/6/2025 |
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