[2008] UGHC 176
The appeal was dismissed because neither the appellant nor their counsel appeared in court for the hearing, despite having been served. The court exercised its discretion under Order 43 Rule 1(1) of the Civil Procedure Rules to dismiss the appeal for want of prosecution and awarded costs to the respondents, who were...
Source-derived case information.
- Citation
- [2008] UGHC 176
- Parties
- Appellant: The School Management Committee of Sibiyirise Primary School; Respondent: Adongo Roseline Luhoni; Respondent: Luhoni Andrew
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal 49 of 2006
- Procedural Posture
- Civil Appeal / Ruling
- Outcome
- appeal dismissed for non-appearance with costs to respondents
- Judges
- Muhanguzi, J
- Legal Topics
- Dismissal for Non Appearance, Costs Award, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The School Management Committee of Sibiyirise Primary School
Appellant
Adongo Roseline Luhoni
Respondent
Luhoni Andrew
Respondent
Procedural Posture
Civil Appeal / Ruling
Legal Issues
- 1 Whether the appeal should be dismissed for non-appearance of the appellant and their counsel.
- 2 Whether costs should be awarded to the respondents upon dismissal of the appeal.
Ratio Decidendi
The appeal was dismissed because neither the appellant nor their counsel appeared in court for the hearing, despite having been served. The court exercised its discretion under Order 43 Rule 1(1) of the Civil Procedure Rules to dismiss the appeal for want of prosecution and awarded costs to the respondents, who were present and represented.
Court Disposition
appeal dismissed for non-appearance with costs to respondents
Orders
- The appeal is dismissed under Order 43 Rule 1(1) of the Civil Procedure Rules.
- Costs are awarded to the respondents.
Full Case Text
Judgment text and source record
9 paragraphs
### **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA HOLDEN AT MBALE**
## **HCT-04-CV-CA-0049-2006 (ARISING FROM HCCR NO. 0012 OF 2003) (AND BUS1A CIVIL SUIT NO. 38 OF 2003) THE SCHOOL MANAGEMENT COMMITTEE OF SIBIYIRISE PRIMARY SCHOOL APPELLANT VERSUS 1. ADONGO ROSELINE LUHONI**
**2. LUHONI ANDREW RESPONDENTS**
#### **BEFORE: THE HON. MR. JUSTICE E. K. MUHANGUZI**
#### **RULING**
The court record is in a mess as the appeal itself which was supposedly filed on 17.7.2006 (according to the file diary) is not on the file.
Nevertheless, M/s Okwalanga & Co. Advocates who filed notice of change of Advocates taking over conduct ofthe appellant's case on 19.2.2008, was served for hearing this appeal today, as per the affidavit ofservice on record but neither appellant nor counsel have come to court yet. It is now 11:15a.m and they are not in court and the second respondent and counsel for both respondents are in court now.
In the circumstances ofthis appeal court hereby dismisses the appeal under 0.43 r.l (1) ofthe CPR, with costs to the respondents.
# E. K. Muhanguzi JUDGE 28.10.2008