[2021] UGCA 200
Despite the absence of the appellant and her counsel at the hearing, the court found that service of the hearing notice had been properly effected and accepted by the appellant's counsel. The respondent's request for dismissal under Rule 100(1) of the Court of Appeal Rules was considered. However, since the...
Source-derived case information.
- Citation
- [2021] UGCA 200
- Parties
- Applicant: Kellen Muhimbise; Respondent: Muhammed Ali Saleh; Respondent: Cairo International Bank Ltd; Respondent: George Begumisa
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal No. 222 of 2013 ; Civil Application No. 385 of 2018
- Procedural Posture
- Civil Appeal / Ruling on Hearing
- Outcome
- Judgment to be rendered on notice on the merits; appeal not summarily dismissed.
- Judges
- Kiryabwire, JA, Monica K. Mugenyi, JA, Kasule, Ag JA
- Legal Topics
- Dismissal for Nonappearance, Service of Process, Judgment on Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kellen Muhimbise
Applicant
Muhammed Ali Saleh
Respondent
Cairo International Bank Ltd
Respondent
George Begumisa
Respondent
Procedural Posture
Civil Appeal / Ruling on Hearing
Legal Issues
- 1 Whether the appeal should be dismissed for nonappearance of the appellant or her counsel.
- 2 Whether service of hearing notice was properly effected on the appellant's counsel.
- 3 Whether the court should proceed to judgment on the merits given submissions are on record.
Ratio Decidendi
Despite the absence of the appellant and her counsel at the hearing, the court found that service of the hearing notice had been properly effected and accepted by the appellant's counsel. The respondent's request for dismissal under Rule 100(1) of the Court of Appeal Rules was considered. However, since the appellant's submissions were already on record, the court determined that, in the interest of justice, it should not summarily dismiss the appeal but instead render a judgment on notice based on the merits as presented in the written submissions. This approach ensures that the appellant's case is considered substantively, balancing procedural requirements with the right to be heard.
Court Disposition
Judgment to be rendered on notice on the merits; appeal not summarily dismissed.
Orders
- Judgment on the merits to be delivered on notice.
- No summary dismissal of the appeal despite nonappearance.
Full Case Text
Judgment text and source record
23 paragraphs
## **THE REPUBLIC OF UGANDA**
**IN THE COURT OF APPEAL OF UGANDA AT KAMPALA**
**CIVIL APPLICATION NO. 385 OF 2018** & **CIVIL APPEAL NO.0222 OF 2013**
**(ARISING OUT OF HCCS NO. 009 OF 2009 OF FORT PORTAL)**
**KELLEN M UH IM BISE---------------------------------------APPLICANT**
## **VERSUS**
- **1. 2. MUHAMMED ALI SALEH** :}- - **CAIRO INTERNATIONAL BANK LTD ----------------RESPONDENTS** - **3. GEORGE BEGUMISA**
**CORAM: HON. MR. JUSTICE GEOFFREY KIRYABWIRE, JA**
**HON. LADY JUSTICE MONICA MUGENYI, JA**
**HON. MR. JUSTICE REMMY KASULE, Ag. JA**
## **RULING**
This matter came up for hearing today. Mr. Okello Oryem for the Respondent informed Court that neither the Appellant nor her lawyer were present in Court. On Court record is an affidavit of service on M/S Web Advocates Counsel for the Appellant, dated 19th February, 2021, where in it is deponed that service was accepted.
Mr. Oryem submitted that the Appeal be dismissed under Rule 100(1) of the Rules of this Court. He however pointed out that the Appellants had submissions on Court record.
We have noted the arguments for dismissal of the Appeal but since all submissions are on record, in the interest of justice we shall render a Judgment on Notice on the merits.
Dated at Kampala this ...... ~.1~. day of ..... .f~\.'.".~ .~f~ .... 2021.
....................... ~~··································
**HON. MR. JUSTICE GEOFFREY KIRYABWIRE**
**JUSTICE OF APPEAL**
' ............................................................. ~( ............. .
**HON. LADY JUSTICE MONICA MUGENYI**
**JUSTICE OF APPEAL**
**HON. MR. JUSTICE REMMY**
**Ag. JUSTICE OF APPEAL**