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Kathryns Limited v DFCU Limited (Miscellaneous Cause No. 126 of 2024) [2025] UGHCLD 95 (17 June 2025)
- Citation
- [2025] UGHCLD 95
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Land Division (Uganda)
- Panel
- Nassuna Matovu, J
- Case number
- Miscellaneous Cause No. 126 of 2024
- Language
- English
More details
- Court
- HC: Land Division (Uganda)
- Panel
- Nassuna Matovu, J
- Case number
- Miscellaneous Cause No. 126 of 2024
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court granted leave to the applicant to substitute the correct name of the respondent, DFCU Ltd, for DFCU Bank Ltd, in accordance with Order 1 Rule 10(2) of the Civil Procedure Rules, as the error was bona fide and would not cause injustice. However, at the subsequent hearing, neither the applicant nor their advocate attended court, and no reason was provided for their absence. The court, applying Order 9 Rule 22 of the Civil Procedure Rules, dismissed the application with costs to the respondent due to non-attendance.
Court disposition
application dismissed with costs to respondent
Orders
- Leave is granted to substitute DFCU Ltd for DFCU Bank Ltd as respondent.
- Application is dismissed under Order 9 Rule 22 of the Civil Procedure Rules for non-attendance.
- Costs awarded to respondent.
02
Material facts
Parties
Kathryns Limited
Applicant Counsel: Mr. Rosemary Baganda, Mr. Richard KibonekaDFCU Limited
Respondent Counsel: Mr. Mohammed Busiba, Mr. Tayebwa Erisha03
Procedural history
Posture
Miscellaneous Cause / Dismissal for Non Attendance
04
Questions and positions
Legal issues
- 01
Whether the applicant should be granted leave to amend the name of the respondent under Order 1 Rule 10(2) of the Civil Procedure Rules.
- 02
Whether the application should be dismissed for non-attendance under Order 9 Rule 22 of the Civil Procedure Rules.
- 03
Whether costs should be awarded to the respondent upon dismissal.
Party arguments
- Applicant
- The applicant sought leave to amend the name of the respondent from DFCU Bank Ltd to DFCU Ltd, citing a bona fide mistake and arguing that no injustice would be occasioned by the amendment.
- Respondent
- The respondent did not object to the amendment but requested costs. Upon subsequent hearing, the respondent moved for dismissal of the application due to the applicant's and their advocate's absence.
05
Court’s reasoning
Legal principles
- 01
Order 1 Rule 10(2) of the Civil Procedure Rules
A party may be substituted or added to proceedings where the court is satisfied it is necessary for the determination of the matter.
- 02
Order 9 Rule 22 of the Civil Procedure Rules
Where a party fails to attend court without explanation, the application may be dismissed with costs.
06
Ratio, limits and disposition
Ratio decidendi
The court granted leave to the applicant to substitute the correct name of the respondent, DFCU Ltd, for DFCU Bank Ltd, in accordance with Order 1 Rule 10(2) of the Civil Procedure Rules, as the error was bona fide and would not cause injustice. However, at the subsequent hearing, neither the applicant nor their advocate attended court, and no reason was provided for their absence. The court, applying Order 9 Rule 22 of the Civil Procedure Rules, dismissed the application with costs to the respondent due to non-attendance.
Obiter and limits
- The applicant may reach out to the beneficiaries of the estate to resolve the matter amicably.
- Costs shall be in the cause following the amendment of parties.
Court disposition
application dismissed with costs to respondent
- Leave is granted to substitute DFCU Ltd for DFCU Bank Ltd as respondent.
- Application is dismissed under Order 9 Rule 22 of the Civil Procedure Rules for non-attendance.
- Costs awarded to respondent.
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
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(LAND DIVISION)
MISCELLANEOUS CAUSE NO. 126 OF 2024
5 KATHRYNS LIMITED ::::::::::::::::::::::::::::::::::::::::: APPLICANT
VERSUS
DFCU LIMITED ::::::::::::::::::::::::::::::::: RESPONDENT
BEFORE: HON. LADY JUSTICE FLAVIA NASSUNA MATOVU PROCEEDINGS:
10 Date: 26/3/2025
Mr. Rosemary Baganda from M/s Nyanzi, Kiboneka & Mbabazi Advocates for Applicant.
Applicant absent
Mr. Mohammed Busiba from Legal Department DFCU Bank
Mr. Baganda:
Counsel in personal conduct of this case is indisposed. I pray that case be stood over.
Court:
20 Case is adjourned to 9/4/2025 at 9:30a.m.
Signed: Flavia Nassuna Matovu Judge
Date: 9/4/2025 at 9:30a.m.
- 25 Mr. Richard Kiboneka for applicant - Mr. Mohammed Busiba for the respondent.
Mr. Kiboneka:
I have looked at the Affidavit in Reply and I seek indulgence of
30 court to allow us amend and replace DFCU Bank with DFCU Ltd under O.1 r.10(2) of the CPR. It was a bonafide mistake instead of DCFU Ltd, we filed against DFCU Bank Ltd. This will not occasion any injustice.
35 Mr. Busiba:
I have no objection but we pray for costs. The applicant can reach out to the beneficiaries of the estate and have the same matter resolved.
Court:
40 After carefully listening to both counsel, the applicant is granted leave to substitute the name of DFCU Ltd for DCFU Bank Ltd, in accordance with the provisions of O.1 r.10 of the CPR. Costs shall be in the cause.
In the meantime case is fixed for mention on 17/6/2025 at 45 9:30a.m.
Signed: Flavia Nassuna Matovu
Judge
Date: 17/6/2025 at 9:30a.m.
50 Mr. Tayebwa Erisha from M/s Ligomarc Advocates for Respondent.
Respondent absent
Applicant absent
55 Mr. Tayebwa:
Application is for hearing. The applicant and his advocate are not in court. I pray that it be dismissed.
Court:
60 Since applicant and his advocates are not in court and no reason has been given for their non-attendance. The application is dismissed under O.9 r.22 of CPR with costs to respondent.
Flavia Nassuna Matovu
65 Judge 17/6/2025
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