[2025] UGHC 520
The court exercised its discretion under Order 17 rule 4 of the Civil Procedure Rules to dismiss the suit due to the parties' failure to appear for hearing and take necessary steps to advance the case. The absence of both parties constituted a default in prosecuting the matter, justifying immediate dismissal to...
Source-derived case information.
- Citation
- [2025] UGHC 520
- Parties
- Plaintiff: Nashat Abdul Rahim M. Asad; Defendant: Mwesigwa Joseph
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Suit No: 947 of 2019
- Procedural Posture
- Civil Suit / Ruling
- Outcome
- suit dismissed for non-appearance of parties
- Judges
- Susan Odongo, J
- Legal Topics
- Case Backlog Management, Dismissal for Non Appearance, Court Discretion, Procedural Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nashat Abdul Rahim M. Asad
Plaintiff
Mwesigwa Joseph
Defendant
Procedural Posture
Civil Suit / Ruling
Legal Issues
- 1 Whether the suit should be dismissed due to non-appearance of the parties at hearing.
- 2 Whether the court may exercise discretion under Order 17 rule 4 of the Civil Procedure Rules to determine the suit forthwith.
Ratio Decidendi
The court exercised its discretion under Order 17 rule 4 of the Civil Procedure Rules to dismiss the suit due to the parties' failure to appear for hearing and take necessary steps to advance the case. The absence of both parties constituted a default in prosecuting the matter, justifying immediate dismissal to prevent unnecessary consumption of judicial resources and to address case backlog.
Court Disposition
suit dismissed for non-appearance of parties
Orders
- The suit is dismissed pursuant to Order 17 rule 4 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
20 paragraphs
# 5 THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (COMMERCIAL DIVISION) CIVIL SUIT NO: 0947 OF 2019
# 10 NASHAT ABDUL RAHIM M. ASAD =========== PLAINTIFF
#### VERSUS
# MWESIGWA JOSEPH ==================DEFENDANT
# BEFORE: HON. LADY JUSTICE SUSAN ODONGO
# RULING
This matter was cause listed and the cause list widely circulated. Hearing notice was issued via ECCMIS. However, when this matter was called on for hearing, 20 the parties did not appear.
It is needful to state that the judiciary is currently burdened with case backlog, and courts have adopted a stricter stance regarding adherence to timelines established to facilitate the expeditious disposal of cases. When a suit is called on by the court for hearing or for any related matter, it is incumbent upon parties
25 to respond punctually and diligently to prosecute their matter, failure to do so results in the unnecessary consumption of the court's valuable time.
5 Therefore, where parties default in taking actions necessary to facilitate the expeditious progression of the case, Order 17 rule 4 of the Civil Procedure Rules, S. I. 17-1 guides the Court on how to proceed. The provision states;
*Where any party to a suit to whom time has been granted fails to produce his or her evidence, or to cause the attendance of his or her witnesses, or to perform any other act*
10 *necessary to the further progress of the suit, for which time has been allowed, the court may, notwithstanding that default, proceed to decide the suit immediately. (emphasis mine).*
The performance of any other act necessary to the further progress of the suit, may comprise, filing necessary documents, complying with procedural orders,
15 attending hearings. The determination of the suit, forthwith, is a matter within the Court's discretion that lies with court.
Notably, since this suit was filed in 2019, it, undoubtedly, forms part of case backlog. In this case, the parties' failure to appear when the suit was called on for hearing constitutes a failure to take any further steps necessary to advance 20 the case. An act proper for the exercise by this court of the discretion under
Order 17 rule 4 of The Civil Procedure Rules.
Thus, there being no appearance by the parties, I hereby dismiss this suit pursuant to Order 17 rule 4 of the Civil Procedure Rules.
I so order.
