[2015] UGHCCD 114

[2015] UGHCCD 114

The court found that the affidavit of service relied upon by the respondent was commissioned and filed more than a year after the dismissal of the suit, and did not establish that the applicant was properly served with hearing notices. Paragraph 5 of the affidavit indicated that the applicant was never personally...

Source-derived case information.

Citation
[2015] UGHCCD 114
Parties
Applicant: Kilembe Mines; Respondent: Ibrahim Makoma
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
14 September 2015
Case Number
Misc. Application No. 149 of 2015
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application_allowed
Judges
Musota, J
Legal Topics
Reinstatement of Dismissed Suit, Sufficient Cause for Non Appearance, Service of Hearing Notice
Source Language
english
Civil Procedure Reinstatement of Dismissed Suit Sufficient Cause for Non Appearance Service of Hearing Notice

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Summary, issues, holding and outcome

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Parties

Kilembe Mines

Applicant

Ibrahim Makoma

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the dismissal of Civil Suit No. 766 of 2006 should be set aside and the suit reinstated.
  2. 2 Whether sufficient cause was shown for the applicant's non-appearance at the hearing.
  3. 3 Whether proper service of hearing notices was effected on the applicant.

Ratio Decidendi

The court found that the affidavit of service relied upon by the respondent was commissioned and filed more than a year after the dismissal of the suit, and did not establish that the applicant was properly served with hearing notices. Paragraph 5 of the affidavit indicated that the applicant was never personally served. The absence of proper service constituted sufficient cause for the applicant's non-appearance at the hearing. In the interest of justice, the court held that the dismissal should be set aside and the suit reinstated to be heard on its merits.

Court Disposition

application_allowed

Orders

  • The dismissal of Civil Suit No. 766 of 2006 is set aside.
  • The suit is reinstated and shall be heard on its merits.