[2025] UGCommC 217
The court found that both parties failed to appear for the hearing and did not take any further steps necessary to advance the case. This inaction constituted a failure to prosecute the suit, justifying the exercise of the court's discretion under Order 17 rule 4 of the Civil Procedure Rules to dismiss the suit. The...
Source-derived case information.
- Citation
- [2025] UGCommC 217
- Parties
- Plaintiff: TATA (U) LTD; Defendant: NEEM COSMETICS LTD
- Court
- Commercial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Suit No: 0766 of 2019
- Procedural Posture
- Civil Suit / Ruling on Non Appearance and Dismissal
- Outcome
- suit dismissed for non-appearance of parties
- Judges
- Susan Odongo, J
- Legal Topics
- Dismissal for Non Appearance, Case Backlog Management, Court Discretion, Order 17 Rule 4
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
TATA (U) LTD
Plaintiff
NEEM COSMETICS LTD
Defendant
Procedural Posture
Civil Suit / Ruling on Non Appearance and Dismissal
Legal Issues
- 1 Whether the suit should be dismissed for non-appearance of both parties under Order 17 rule 4 of the Civil Procedure Rules.
Ratio Decidendi
The court found that both parties failed to appear for the hearing and did not take any further steps necessary to advance the case. This inaction constituted a failure to prosecute the suit, justifying the exercise of the court's discretion under Order 17 rule 4 of the Civil Procedure Rules to dismiss the suit. The court emphasized the importance of adherence to procedural timelines to address case backlog and ensure expeditious disposal of cases. The absence of the parties and their failure to comply with procedural requirements warranted immediate dismissal of the suit.
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
17 paragraphs
# 5 THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (COMMERCIAL DIVISION) CIVIL SUIT NO: 0766 OF 2019
10 TATA (U) LTD ========================= PLAINTIFF
## VERSUS
#### NEEM COSMETICS LTD ================DEFENDANT
### BEFORE: HON. LADY JUSTICE SUSAN ODONGO
#### RULING
This matter was cause listed and the cause list widely circulated. Hearing notice 20 was issued via ECCMIS. However, when this matter was called on for hearing, 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
25 on by the court for hearing or for any related matter, it is incumbent upon parties to respond punctually and diligently to prosecute their matter, failure to do so results in the unnecessary consumption of the court's valuable time.
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,
30 S. I. 17-1 guides the Court on how to proceed. The provision states;
- 5 *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 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).* - 10 The performance of any other act necessary to the further progress of the suit, may comprise, filing necessary documents, complying with procedural orders, 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 15 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 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 20 pursuant to Order 17 rule 4 of the Civil Procedure Rules.
I so order.
19/6/2025