[2014] UGHCLD 88

[2014] UGHCLD 88

The court found that the applicant, through her attorney and supporting affidavit, demonstrated a positive intention to be present at the hearing and made reasonable efforts to attend. The absence was not due to any fault attributable to the applicant, as the security guard's actions were not part of the proceedings. The evidence was credible and corroborated by the respondent. Therefore, the requirements of Order 9 Rule 18 CPR were satisfied, justifying the setting aside of the ex parte proceedings and reinstatement of the suit.

Citation
[2014] UGHCLD 88
Parties
Applicant: Mary Masembe (suing through her Attorney Sepiriya Ssebunjo); Respondent: The Administrator General; Respondent: Nansikombi Mary; Respondent: Kisawuzi S. Nuwa; Respondent: Victoria Mwagale; Respondent: Rhoda Nankumbi; Respondent: Supuya Wilson; Respondent: Nabyo Nga H. Margaret
Court
HC: Land Division (Uganda)
Jurisdiction
Uganda
Judgment Date
23 January 2014
Case Number
Misc. Application No. 925 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Dismissal
Outcome
application allowed; ex parte proceedings and dismissal order set aside; suit reinstated
Judges
Luswata, J
Legal Topics
Setting Aside Exparte Orders, Dismissal of Suit, Reinstatement of Suit, Absence at Hearing
Source Language
English
Civil Procedure Land and Property Setting Aside Exparte Orders Dismissal of Suit Reinstatement of Suit Absence at Hearing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Mary Masembe (suing through her Attorney Sepiriya Ssebunjo)

Applicant

The Administrator General

Respondent

Nansikombi Mary

Respondent

Kisawuzi S. Nuwa

Respondent

Victoria Mwagale

Respondent

Rhoda Nankumbi

Respondent

Supuya Wilson

Respondent

Nabyo Nga H. Margaret

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Dismissal

Legal Issues

  1. 1 Whether the applicant provided sufficient reasons for her absence at the hearing leading to dismissal of her suit.
  2. 2 Whether the ex parte proceedings and order of dismissal should be set aside and the suit reinstated.

Ratio Decidendi

The court found that the applicant, through her attorney and supporting affidavit, demonstrated a positive intention to be present at the hearing and made reasonable efforts to attend. The absence was not due to any fault attributable to the applicant, as the security guard's actions were not part of the proceedings. The evidence was credible and corroborated by the respondent. Therefore, the requirements of Order 9 Rule 18 CPR were satisfied, justifying the setting aside of the ex parte proceedings and reinstatement of the suit.

Court Disposition

application allowed; ex parte proceedings and dismissal order set aside; suit reinstated

Orders

  • Civil Suit No. 186 of 2006 is reinstated.
  • The applicant shall bear the costs of the application.