[2023] UGCA 186
The application stands uncontested as the respondent failed to appear or respond despite being served. Given the nature of the dispute—ownership of land (kibanja)—and the importance of resolving land matters with care, the interests of justice require that the dismissal be set aside and the appeal reinstated. The...
Source-derived case information.
- Citation
- [2023] UGCA 186
- Parties
- Applicant: Kaluuya Wilson; Respondent: Lwasa Paul
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Application 50 of 2020
- Procedural Posture
- Civil Application / Ruling
- Outcome
- application allowed
- Judges
- Kiryabwire, JA, Muzamiru, JA, Gashirabake, JA
- Legal Topics
- Appeal Reinstatement, Dismissal for Non Appearance, Land Dispute, Kibanja Ownership
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kaluuya Wilson
Applicant
Lwasa Paul
Respondent
Procedural Posture
Civil Application / Ruling
Legal Issues
- 1 Whether the dismissal of Civil Appeal No. 101 of 2010 for non-appearance should be set aside.
- 2 Whether the appeal should be reinstated and heard on its merits.
Ratio Decidendi
The application stands uncontested as the respondent failed to appear or respond despite being served. Given the nature of the dispute—ownership of land (kibanja)—and the importance of resolving land matters with care, the interests of justice require that the dismissal be set aside and the appeal reinstated. The court finds that allowing the application will ensure the dispute is resolved on its merits rather than on procedural grounds.
Court Disposition
application allowed
Orders
- The dismissal in Civil Appeal No. 101 of 2010 is set aside.
- The appeal is reinstated and will be heard on its merits.
Full Case Text
Judgment text and source record
30 paragraphs
# THE REPUBLIC OF UGANDA
# IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
### CIVIL APPLICATION NO. 0050 OF 2020
KALUUYA WILSON ====================================
### **VERSUS**
LWASA PAUL====================================
**CORAM:**
HON. MR. JUSTICE GEOFFREY KIRYABWIRE, JA
HON. MR. JUSTICE MUZAMIRU KIBEEDI, JA
HON. MR. JUSTICE CHRISTOPHER GASHIRABAKE, JA
### **RULING OF COURT**
This is an application for Orders that the dismissal in CA. No. 101 of 2010 be set a side and that the appeal be reinstated and heard on its merits and costs be provided for.
It is the case for the Applicant that his appeal was dismissed for non appearance on the 11<sup>th</sup> June 2018 and he discovered this by himself when he came to court. He further states that he is interested in his appeal because it is a land dispute involving his alleged ownership of a kibanja.
The Respondent is aware of today's hearing but has refused to attend in person or by counsel. This is not the first time the Respondent refuses to come to court. He previously
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refused service by Court on the 28th November 2O2 vide the affidavit of service of John Paul Okoth, a court process server, who went to meet him at Kasekulo Fishing Landing site, Bugoye Kalangala District. He told the court server that he won his case and he would rather be arrested.
This application in our view stands uncontested and involves a land dispute. Land disputes have to be handled with care and finally resolved.
We find that it is in the interests of Justice that this application is allowed and it is hereby <sup>a</sup>llowed.
Costs will be in the cause.
We so order.
I
t
Dated at Ka m pa la th is 11"- day 5 <sup>2023</sup>
HON. MR. JUSTICE GEOFFREY KIRYABWIRE, JA
WM
HON. MR. JUSTICE MUZAMIRU M. KIBEEDI, JA
r. I
HON. MR. JUSTICE CHRISTOPHER GASHIRABAKE, JA
\
A