Businge v China Railways No. 5 Engineering Group Corporation Limited and 2 Others
Businge v China Railways No. 5 Engineering Group Corporation Limited and 2 Others (Miscellaneous Application No. 62 of 2020) [2021] UGHCCD 181 (22 September 2021)
The application to reinstate Civil Suit No.53 of 2016 was dismissed because it was brought under the wrong procedural rule (O.9 r.27 CPR, which applies only to defendants), whereas the suit was dismissed for non-appearance of both parties under O.9 r.17 CPR. Restoration should have been sought under O.9 r.18 CPR. Furthermore, the application was served on the respondents nearly five months after issuance, far outside the twenty-one days required by O.5 r.1(2) CPR, and no application for extension of time was made within the prescribed period. The applicant's arguments regarding Covid-19 restr…
Source excerpt
- Dismissal For Non Appearance
- Reinstatement Of Suit
- Service Of Process
- Application For Extension Of Time