[1998] UGCA 49
The Court found that the appellant, Uganda Muslim Supreme Council, was properly served with the hearing notice for the appeal through their District Khadi, Mbarara, on 10/4/98. Despite this, neither the appellant nor their counsel appeared in court on the scheduled date, and no explanation for their absence was...
Source-derived case information.
- Citation
- [1998] UGCA 49
- Parties
- Appellant: Uganda Muslim Supreme Council; Respondent: Kassim Nsamba; Respondent: Elias Gamba
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal 45 of 1996
- Procedural Posture
- Civil Appeal / Dismissal for Non Prosecution
- Outcome
- appeal dismissed for non-prosecution
- Judges
- Manyindo, DCJ, Berko, JA, Twinomujuni, JA
- Legal Topics
- Service of Process, Dismissal for Non Prosecution, Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda Muslim Supreme Council
Appellant
Kassim Nsamba
Respondent
Elias Gamba
Respondent
Procedural Posture
Civil Appeal / Dismissal for Non Prosecution
Legal Issues
- 1 Whether the appellant was properly served with the hearing notice for the appeal.
- 2 Whether the appeal should be dismissed for non-appearance and failure to prosecute.
Ratio Decidendi
The Court found that the appellant, Uganda Muslim Supreme Council, was properly served with the hearing notice for the appeal through their District Khadi, Mbarara, on 10/4/98. Despite this, neither the appellant nor their counsel appeared in court on the scheduled date, and no explanation for their absence was provided. The respondent's counsel applied for dismissal of the appeal under Rule 99(1) of the Rules of the Court of Appeal, which allows for dismissal where an appellant fails to prosecute the appeal after due service. The Court, satisfied that service was effected and that there was no justification for the appellant's absence, exercised its discretion to dismiss the appeal with...
Court Disposition
appeal dismissed for non-prosecution
Orders
- The appeal is dismissed with costs to the respondents under Rule 99 of the Rules of the Court of Appeal.
Full Case Text
Judgment text and source record
31 paragraphs
## **THE REPUBLIC OF UGANDA**
### **IN THE COURT OF APPEAL OF UGANDA AT KAMPALA**
#### **CIVIL APPEAL NO. 45/96**
**CORAM: HON. MR. JUSTICE S. T. MANYINDO, DCJ. HON. MR. JUSTICE J. P. BERKO, JA. HON. MR. JUSTICE A. TWINOMUJUNI, JA.**
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**UGANDA MUSLIM SUPREME COUNCIL APPELLANT**
#### **VERSUS**
| 1. | KASSIM<br>NSAMBA | | |----|------------------|--| | | | |
**2. ELIAS GAMBA RESPONDENTS**
**27th January, 1998:-**
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#### **PROCEEDINGS:**
Mr. Fred Kamugunda for respondents.
Appellant absent, their Counsel Mr. Butagira absent.
Court:- The purported service or the appellant is defective in that (a) the hearing notice appears to have been served before it
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even left the Registry and (b) it is not clear whether the appellants' Office Superintendent was compiled to receive service. In the circumstances we cannot say that the appellant was served. Therefore the matter is adjourned for fresh service. No order as to costs.
## *S. T. Manyindo* **Deputy Chief Justice.**
# *J. P. Berko* **Justice of Appeal.**
*A. Twinomujuni* **Justice of Appeal. 27.1.1998.**
**20**
**10**
May, 1998. 21st
Mr. Fred Karaganda for respondents.
Appellant absent though the District Khadi, Mbarara was served on 10/4/98.
- Mr. Kamugunda:- <sup>I</sup> pray that you proceed under Rule 99(1) of the Rules of this Court and dismiss this appeal since the appellant has not shown reason for not arriving to court to prosecute the appeal. - Order-The appellant Council was served on 10/4/98 with the hearing notice for today, through their District Khadi. They have not come to court and no reason has been shown for the default. In the instances and per request by the Counsel for the appellant, this appeal is dismissed with costs to the respondent under Rule 99 of the Rules of this Court.
*S. T. Manyindo* **Deputy Chief Justice. 21/5/1998.**
*J. P. Berko* **Justice of Appeal. 21/5/1998.**
**A.** *Twinomujuni* **Justice of Appeal. 21/5/1998.**
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