[2025] UGCommC 204
The court exercised its discretion under Order 17 rule 4 of the Civil Procedure Rules to dismiss the suit due to the parties' failure to appear and take necessary steps to advance the case. The court emphasized the importance of adherence to procedural timelines, especially in the context of judicial efforts to...
Source-derived case information.
- Citation
- [2025] UGCommC 204
- Parties
- Plaintiff: Exim Bank Uganda Ltd; Defendant: Benon Tumusange; Defendant: Timothy Justine Robert Mayhew
- Court
- Commercial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Suit No: 921 of 2016
- Procedural Posture
- Civil Suit / Ruling on Non Appearance and Dismissal
- Outcome
- suit dismissed for non-appearance of parties
- Judges
- Susan Odongo, J
- Legal Topics
- Dismissal for Non Appearance, Case Backlog Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Exim Bank Uganda Ltd
Plaintiff
Benon Tumusange
Defendant
Timothy Justine Robert Mayhew
Defendant
Procedural Posture
Civil Suit / Ruling on Non Appearance and Dismissal
Legal Issues
- 1 Whether the suit should be dismissed for non-appearance of the parties under Order 17 rule 4 of the Civil Procedure Rules.
Ratio Decidendi
The court exercised its discretion under Order 17 rule 4 of the Civil Procedure Rules to dismiss the suit due to the parties' failure to appear and take necessary steps to advance the case. The court emphasized the importance of adherence to procedural timelines, especially in the context of judicial efforts to address case backlog. The absence of both parties at the scheduled hearing, despite proper notification, constituted a failure to prosecute the matter, justifying immediate dismissal under the cited rule.
Court Disposition
suit dismissed for non-appearance 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
22 paragraphs
# THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (COMMERCIAL DIVISION) **CIVIL SUIT NO: 0921 OF 2016**
EXIM BANK UGANDA LTD ============ PLAINTIFF $10$
#### **VERSUS**
### **1. BENON TUMUSANGE**
**2. TIMOTHY JUSTINE ROBERT MAYHEW === DEFENDANTS** 15
## **BEFORE: HON. LADY JUSTICE SUSAN ODONGO**
### **RULING**
This matter was cause listed on two dates 29<sup>th</sup> May 2025 and 19<sup>th</sup> June 2025, $20$ and the cause lists 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, 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.
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 necessary to the further progress of the suit, for which time has been allowed, the court
$25$
$\mathsf{S}$
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 2016, 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.
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