[2025] UGHCLD 120
The court found that neither party attended the hearing on the scheduled date, and no reason was provided for their absence. In accordance with Order 9 Rule 17 of the Civil Procedure Rules, the court exercised its discretion to dismiss the application for want of prosecution due to nonattendance. The dismissal is...
Source-derived case information.
- Citation
- [2025] UGHCLD 120
- Parties
- Applicant: Muchezero Co-operative Saving and Credit Society Ltd; Defendant: Birikadde Abubaker (Proposed administrator Pendete lite for the estate of the late Namutebi Mariam Bitalo); Defendant: Nabiserre Jalia (Proposed Administrator Pendete lite for the estate of the late Haruna Bitalo)
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application No. 1311 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Application Dismissal for Nonattendance
- Outcome
- application dismissed for nonattendance
- Judges
- Nassuna Matovu, J
- Legal Topics
- Dismissal for Nonattendance, Order 9 Rule 17, Application Procedure, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muchezero Co-operative Saving and Credit Society Ltd
Applicant
Birikadde Abubaker (Proposed administrator Pendete lite for the estate of the late Namutebi Mariam Bitalo)
Defendant
Nabiserre Jalia (Proposed Administrator Pendete lite for the estate of the late Haruna Bitalo)
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application Dismissal for Nonattendance
Legal Issues
- 1 Whether the application should be dismissed for nonattendance of parties.
Ratio Decidendi
The court found that neither party attended the hearing on the scheduled date, and no reason was provided for their absence. In accordance with Order 9 Rule 17 of the Civil Procedure Rules, the court exercised its discretion to dismiss the application for want of prosecution due to nonattendance. The dismissal is procedural and does not address the merits of the underlying dispute.
Court Disposition
application dismissed for nonattendance
Orders
- The application is dismissed under Order 9 Rule 17 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
16 paragraphs
#### **THE REPUBLIC OF UGANDA**
## **IN THE HIGH COURT OF UGANDA AT KAMPALA**
# **(LAND DIVISION)**
## **MISCELLANEOUS APPLICATION NO. 1311 OF 2025**
## **(ARISING FROM CIVIL SUIT NO. 0278 OF 2025)**
#### **MUCHEZERO CO-OPERATIVE SAVING AND CREDIT SOCIETY LTD :::::::::::::::::::::::::::::: APPLICANT**
## **VERSUS**
- **1. BIRIKADDE ABUBAKER (Proposed administrator Pendete lite for the estate of the late Namutebi Mariam Bitalo) 2. NABISERRE JALIA ::::::::::::::::::::::::::::::::: DEFENDANTS** - **(Proposed Administrator Pendete lite for the estate of the late Haruna Bitalo)**
## **BEFORE: HON. LADY JUSTICE FLAVIA NASSUNA MATOVU**
## **PROCEEDINGS:**
# **Date: 2/7/2025**
Parties absent
## **Court Ruling:**
This matter was fixed for today and hearing date communicated to the parties via ECCMIS.
In the absence of all parties and no reason given for their nonattendance, the application is dismissed under O.9 r.17 of the Civil Procedure Rules.
**JUDGE.**