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Edward Ssenteza v Cyril Kambarage Chigange and Others (Miscellaneous Application No. 1662 of 2024) [2025] UGHCLD 84 (12 June 2025)
- Citation
- [2025] UGHCLD 84
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Land Division (Uganda)
- Panel
- Kazaarwe, J
- Case number
- Miscellaneous Application No. 1662 of 2024
- Language
- English
More details
- Court
- HC: Land Division (Uganda)
- Panel
- Kazaarwe, J
- Case number
- Miscellaneous Application No. 1662 of 2024
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that since the applicant, Edward Ssenteza, expressly distanced himself from the application filed by his former advocates and the said advocates had withdrawn from representing him, the application for a hearing date in MA No. 1662 of 2024 was rendered untenable. The court therefore dismissed the application, noting that there was no basis to proceed with a hearing for an application that the applicant no longer supported or owned. No order as to costs was made, reflecting the abandonment and lack of opposition.
Court disposition
application dismissed as untenable
Orders
- MA No. 1662 of 2024 is dismissed with no order as to costs.
02
Material facts
Parties
Edward Ssenteza
Applicant Counsel: Ms. Jambo & Co. Advocates (former); Droit Advocates (current)Cyril Kambarage Chigange
RespondentKarim Hirji
RespondentAnil Damani
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling on Application for Hearing Date
04
Questions and positions
Legal issues
Whether the application for a hearing date in MA No. 1662 of 2024 is tenable after the main suit was dismissed and the applicant's advocate withdrew representation.
Party arguments
- Applicant
- The applicant, through Ms. Jambo & Co. Advocates, requested a hearing date for MA No. 1662 of 2024. However, the applicant, now represented by Droit Advocates, clarified that the application was filed by his former advocates and subsequently abandoned after their withdrawal.
- Respondent
- The respondents did not present any arguments as the application was effectively abandoned by the applicant and his former advocates.
05
Court’s reasoning
Legal principles
- 01
Court's inherent jurisdiction and practice direction on abandoned applications.
An application becomes untenable if the applicant disowns it and the advocate who filed it has withdrawn from representation.
06
Ratio, limits and disposition
Ratio decidendi
The court found that since the applicant, Edward Ssenteza, expressly distanced himself from the application filed by his former advocates and the said advocates had withdrawn from representing him, the application for a hearing date in MA No. 1662 of 2024 was rendered untenable. The court therefore dismissed the application, noting that there was no basis to proceed with a hearing for an application that the applicant no longer supported or owned. No order as to costs was made, reflecting the abandonment and lack of opposition.
Court disposition
application dismissed as untenable
- MA No. 1662 of 2024 is dismissed with no order as to costs.
Source and reliance status
HC: Land Division (Uganda)
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
HC: Land Division (Uganda)
Judgment
<sup>5</sup> THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(LAND DTVTSTON)
MISCELLENEOUS APPLICATION NO. 1662 OF 2024
(AR|S|NG FROM CtVtL SU|T NO. 108 OF 2024)
IO EDWARO SSENTEZA ==APPLICANT
-VS.
- 1. CYRIL KAMBARAGE CHIGANGE - 2. KARIM HIRJI - 3. ANIL DAMANI RESPONDENTS
r5 Before: Hon. Lady Justice Olive Kazaarwe Mukwaya
RULING
This court received a request for a hearing date in this application MA no. 1662 of 2024 arising from Civil Suit no. lOB of 2024.
l0
The request was made by Ms. Jambu & Co. Advocates vide a letter dated lsrApril 2025, apparently on behalf of Mr. Ssenleza the Applicant. lt is a fact that Civil Suit no. 108 of 2O24 was dismissed on the 25'h June 2024.
Further, the counter claim under Civil Suit no. 108 ol 2024 is pending hearing. The Counter Defendant, Mr. Edward Ssenteza is represented by Droit Advocates. When the counter claim came up for hearing today Mr. Edward Ssenteza clarified that MA. NO.
l5 1662 OF 2024 was filed by his former advocates Ms. Jambo & Co. Advocates and then abandoned when his advocate withdrew from representing him. ln effect, Mr. Edward Ssenteza distanced himself from MS Jambo & Co. Advocates and the letter requesting for a hearing date in MA no. 1662 ot 2024.
<sup>5</sup> This clarification in my view renders MA. No. 1662 of 2024 untenable and it is hereby dismissed with no order as to costs.
ro Ol ve Kazaarwe Mukwaya JUDGE
> 12th June 2025 Delivered by Eccmis to Counsel for the parties.
t5
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