[2021] UGHCLD 30
The court granted the application to set aside the dismissal and reinstate Civil Suit No.229 of 2015 primarily because the Respondents did not oppose the application. However, the court expressed reservations about the Applicant's claim of ignorance regarding the dismissal date. To prevent abuse of court process and...
Source-derived case information.
- Citation
- [2021] UGHCLD 30
- Parties
- Applicant: Kampala Capital City Authority; Respondent: Kampala District Land Board; Respondent: Hajjati Aisha Kirumira; Respondent: John Opolot; Respondent: Fred Magezi; Respondent: Mwebeih Amatos
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Civil Miscellaneous Application No. 332 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Set Aside Dismissal and Reinstate Suit
- Outcome
- Application granted with conditions.
- Judges
- Kawesa, J
- Legal Topics
- Reinstatement of Suit, Dismissal for Nonappearance, Security for Costs, Case Backlog Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kampala Capital City Authority
Applicant
Kampala District Land Board
Respondent
Hajjati Aisha Kirumira
Respondent
John Opolot
Respondent
Fred Magezi
Respondent
Mwebeih Amatos
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Dismissal and Reinstate Suit
Legal Issues
- 1 Whether the order dismissing Civil Suit No.229 of 2015 should be set aside and the suit reinstated for hearing on the merits.
- 2 Whether security for costs should be imposed as a condition for reinstatement.
Ratio Decidendi
The court granted the application to set aside the dismissal and reinstate Civil Suit No.229 of 2015 primarily because the Respondents did not oppose the application. However, the court expressed reservations about the Applicant's claim of ignorance regarding the dismissal date. To prevent abuse of court process and discourage parties from neglecting their cases, the court imposed a requirement for the Applicant to pay security for costs of UGX 30,000,000 to the Registrar of the High Court. This measure was intended to guard against the tendency of reopening suits without diligent prosecution and to address concerns about case backlog. Each party was ordered to bear their own costs since...
Court Disposition
Application granted with conditions.
Orders
- The order of 22nd February 2019 dismissing Civil Suit No.229 of 2015 is set aside.
- Civil Suit No.229 of 2015 is reinstated for hearing on the merits.
Full Case Text
Judgment text and source record
28 paragraphs
### **THE REPUBLIC OF UGANDA**
## **IN THE HIGH COURT OF UGANDA AT KAMPALA**
### **(LAND DIVISION)**
### **MISC. APPLICATION NO.332 OF 2019**
#### **KAMPALA CAPITAL CITY AUTHORITY:::::::::::::::::::::::::APPLICANT**
#### **VERSUS**
- **1. KAMPALA DISTRICT LAND BOARD** - **2. HAJJATI AISHA KIRUMIRA** - **3. JOHN OPOLOT** - **4. FRED MAGEZI** - **5. MWEBEIHA**
**AMATOS::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENTS**
# **BEFORE: HON. MR. JUSTICE HENRY I. KAWESA**
#### **RULING**
This Applicant filed the application seeking for orders of Court to set aside the order of 22nd February 2019, dismissing the Applicant's Civil Suit No.229 of 2015, so that the said suit is reinstated for hearing on the merits. The application is not contested.
The Applicant claims that he was not aware of the date when the dismissal occurred.
As much as I may not agree with this claim, the Respondents do not object to the application. I therefore do grant the application, but with a requirement for payment of security for costs of shs.30,000,000/- *(thirty million shillings)* payable to the Registrar High Court, in order to guard against the tendency of reopening suits which parties never follow up. This is to guard against case backlog.
Since the application is not opposed, each party shall bear their own costs.
I so order.
……………………………
Henry I. Kawesa
# **JUDGE**
21/01/21
# 21/01/21:
Mwanja Brian for the Applicant present.
Representative absent.
Charles Our holding brief for Nicholas Mwasame for the 1 st Respondent.
Court:Ruling delivered to the parties above.
……………………………
Henry I. Kawesa
# **JUDGE**
21/01/21