[2021] UGCA 124
The court found that the appellant and his advocate were duly served with notice of hearing, as evidenced by the affidavit of service filed in court. Their absence, without explanation, entitled the respondent to seek dismissal of the appeal. The court exercised its discretion under Rule 100(1) of the Court of...
Source-derived case information.
- Citation
- [2021] UGCA 124
- Parties
- Appellant: Hon. Kato Lubwama Paul; Respondent: Habib Buwembo
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Election Petition Appeal No. 7 of 2020
- Procedural Posture
- Civil Appeal / Ruling
- Outcome
- appeal dismissed
- Judges
- Monica K. Mugenyi, JA, Madrama, JA, Mulyagonja, JA
- Legal Topics
- Appeal Dismissal, Service of Process, Electoral Cycle Mootness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon. Kato Lubwama Paul
Appellant
Habib Buwembo
Respondent
Procedural Posture
Civil Appeal / Ruling
Legal Issues
- 1 Whether the appeal should be dismissed due to non-appearance of the appellant and his advocate despite proper service.
- 2 Whether the expiration of the electoral cycle renders the appeal moot.
Ratio Decidendi
The court found that the appellant and his advocate were duly served with notice of hearing, as evidenced by the affidavit of service filed in court. Their absence, without explanation, entitled the respondent to seek dismissal of the appeal. The court exercised its discretion under Rule 100(1) of the Court of Appeal Rules to dismiss the appeal for want of prosecution. The expiration of the electoral cycle further rendered the appeal moot, reinforcing the decision to dismiss.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed under Rule 100(1) of the Court of Appeal Rules.
- The costs of the appeal shall be borne by the appellant.
Full Case Text
Judgment text and source record
13 paragraphs
## **THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA CIVIL APPEAL: COA-00-CV-EPP-0007-2020**
**HON. KATO LUBWAMA PAUL I:::::::::::::::::::::::::::::::::::::::::::::::::::::::::APPELLANT VERSUS HABIB BUWEMBO:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENT**
**CORAM:**
**HON. JUSTICE CHRISTOPHER MADRAMA, JA HON. LADY JUSTICE IRENE MULYAGONJA, JA HON. LADY JUSTICE MONICA MUGENYI, JA**
## **RULING OF THE COURT**
When this appeal was called on for hearing, the respondent appeared to represent himself. The appellant and his advocate were both not in court, in spite ofthe fact that they were served with notice of the hearing for the 2nd September 2021 and an affidavit of service showing that they were served filed in court.
The respondent complained that the hearing of the appeal had been delayed and it was his opinion that the appeal was now moot because the electoral cycle to which it related had expired. He was also afraid of the continued burden of advocates cost in the event that the matter proceeds.
He therefore prayed that since the appellant was served and was not in court, pursuant to the statement in the hearing notice that the appeal would proceed in the absence of parties served, the matter be dismissed.
We have seen the affidavit of service that was sworn by Eunice Nabwire, a process server, dated the 30th August 2021, in which she states that she effected service on counsel for the appellant, who accepted service.
ot that, appeal is hereby dismissed under rule 100 (1) of the Rules of v^urt. The eost\$ of the appeal shall bo borne by the appellant, in any event. ■' x so ordered.
''Oo at Kampala this <sup>2</sup> v day of September 2021
**<sup>H</sup>°<sup>N</sup> JUSTICE CHRISTOPHER MADRAMA, JA**
**HON. LADY JUSTICE MONICA MUGENYI, JA**