[2025] UGHCLD 95
The court granted leave to the applicant to substitute the correct name of the respondent, DFCU Ltd, for DFCU Bank Ltd, in accordance with Order 1 Rule 10(2) of the Civil Procedure Rules, as the error was bona fide and would not cause injustice. However, at the subsequent hearing, neither the applicant nor their...
Source-derived case information.
- Citation
- [2025] UGHCLD 95
- Parties
- Applicant: Kathryns Limited; Respondent: DFCU Limited
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Cause No. 126 of 2024
- Procedural Posture
- Miscellaneous Cause / Dismissal for Non Attendance
- Outcome
- application dismissed with costs to respondent
- Judges
- Nassuna Matovu, J
- Legal Topics
- Amendment of Parties, Non Attendance, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kathryns Limited
Applicant
DFCU Limited
Respondent
Procedural Posture
Miscellaneous Cause / Dismissal for Non Attendance
Legal Issues
- 1 Whether the applicant should be granted leave to amend the name of the respondent under Order 1 Rule 10(2) of the Civil Procedure Rules.
- 2 Whether the application should be dismissed for non-attendance under Order 9 Rule 22 of the Civil Procedure Rules.
- 3 Whether costs should be awarded to the respondent upon dismissal.
Ratio Decidendi
The court granted leave to the applicant to substitute the correct name of the respondent, DFCU Ltd, for DFCU Bank Ltd, in accordance with Order 1 Rule 10(2) of the Civil Procedure Rules, as the error was bona fide and would not cause injustice. However, at the subsequent hearing, neither the applicant nor their advocate attended court, and no reason was provided for their absence. The court, applying Order 9 Rule 22 of the Civil Procedure Rules, dismissed the application with costs to the respondent due to non-attendance.
Court Disposition
application dismissed with costs to respondent
Orders
- Leave is granted to substitute DFCU Ltd for DFCU Bank Ltd as respondent.
- Application is dismissed under Order 9 Rule 22 of the Civil Procedure Rules for non-attendance.
Full Case Text
Judgment text and source record
39 paragraphs
#### **THE REPUBLIC OF UGANDA**
#### **IN THE HIGH COURT OF UGANDA AT KAMPALA**
#### **(LAND DIVISION)**
#### **MISCELLANEOUS CAUSE NO. 126 OF 2024**
5 **KATHRYNS LIMITED ::::::::::::::::::::::::::::::::::::::::: APPLICANT**
#### **VERSUS**
**DFCU LIMITED ::::::::::::::::::::::::::::::::: RESPONDENT**
# **BEFORE: HON. LADY JUSTICE FLAVIA NASSUNA MATOVU PROCEEDINGS:**
# 10 **Date: 26/3/2025**
Mr. Rosemary Baganda from M/s Nyanzi, Kiboneka & Mbabazi Advocates for Applicant.
Applicant absent
Mr. Mohammed Busiba from Legal Department DFCU Bank
#### **Mr. Baganda:**
Counsel in personal conduct of this case is indisposed. I pray that case be stood over.
#### **Court:**
20 Case is adjourned to 9/4/2025 at 9:30a.m.
## **Signed: Flavia Nassuna Matovu Judge**
#### **Date: 9/4/2025 at 9:30a.m.**
- 25 Mr. Richard Kiboneka for applicant - Mr. Mohammed Busiba for the respondent.
#### **Mr. Kiboneka:**
I have looked at the Affidavit in Reply and I seek indulgence of
30 court to allow us amend and replace DFCU Bank with DFCU Ltd under O.1 r.10(2) of the CPR. It was a bonafide mistake instead of DCFU Ltd, we filed against DFCU Bank Ltd. This will not occasion any injustice.
#### 35 **Mr. Busiba:**
I have no objection but we pray for costs. The applicant can reach out to the beneficiaries of the estate and have the same matter resolved.
#### **Court:**
40 After carefully listening to both counsel, the applicant is granted leave to substitute the name of DFCU Ltd for DCFU Bank Ltd, in accordance with the provisions of O.1 r.10 of the CPR. Costs shall be in the cause.
In the meantime case is fixed for mention on 17/6/2025 at 45 9:30a.m.
### **Signed: Flavia Nassuna Matovu**
#### **Judge**
### **Date: 17/6/2025 at 9:30a.m.**
50 Mr. Tayebwa Erisha from M/s Ligomarc Advocates for Respondent.
Respondent absent
Applicant absent
#### 55 **Mr. Tayebwa:**
Application is for hearing. The applicant and his advocate are not in court. I pray that it be dismissed.
#### **Court:**
60 Since applicant and his advocates are not in court and no reason has been given for their non-attendance. The application is dismissed under O.9 r.22 of CPR with costs to respondent.
**Flavia Nassuna Matovu**
65 **Judge 17/6/2025**