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Muchezero Co-operative Saving and Credit Society Ltd v Birikadde Abubaker and Another (Miscellaneous Application No. 1311 of 2025) [2025] UGHCLD 120 (2 July 2025)
- Citation
- [2025] UGHCLD 120
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Land Division (Uganda)
- Panel
- Nassuna Matovu, J
- Case number
- Miscellaneous Application No. 1311 of 2025
- Language
- English
More details
- Court
- HC: Land Division (Uganda)
- Panel
- Nassuna Matovu, J
- Case number
- Miscellaneous Application No. 1311 of 2025
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that neither party attended the hearing on the scheduled date, and no reason was provided for their absence. In accordance with Order 9 Rule 17 of the Civil Procedure Rules, the court exercised its discretion to dismiss the application for want of prosecution due to nonattendance. The dismissal is procedural and does not address the merits of the underlying dispute.
Court disposition
application dismissed for nonattendance
Orders
- The application is dismissed under Order 9 Rule 17 of the Civil Procedure Rules.
02
Material facts
Parties
Muchezero Co-operative Saving and Credit Society Ltd
ApplicantBirikadde Abubaker (Proposed administrator Pendete lite for the estate of the late Namutebi Mariam Bitalo)
DefendantNabiserre Jalia (Proposed Administrator Pendete lite for the estate of the late Haruna Bitalo)
Defendant03
Procedural history
Posture
Miscellaneous Application / Ruling on Application Dismissal for Nonattendance
04
Questions and positions
Legal issues
Whether the application should be dismissed for nonattendance of parties.
05
Court’s reasoning
Legal principles
- 01
Order 9 Rule 17 of the Civil Procedure Rules
A suit or application may be dismissed if parties fail to attend court without sufficient cause.
06
Ratio, limits and disposition
Ratio decidendi
The court found that neither party attended the hearing on the scheduled date, and no reason was provided for their absence. In accordance with Order 9 Rule 17 of the Civil Procedure Rules, the court exercised its discretion to dismiss the application for want of prosecution due to nonattendance. The dismissal is procedural and does not address the merits of the underlying dispute.
Court disposition
application dismissed for nonattendance
- The application is dismissed under Order 9 Rule 17 of the Civil Procedure Rules.
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 APPLICATION NO. 1311 OF 2025
(ARISING FROM CIVIL SUIT NO. 0278 OF 2025)
MUCHEZERO CO-OPERATIVE SAVING AND CREDIT SOCIETY LTD :::::::::::::::::::::::::::::: APPLICANT
VERSUS
- 1. BIRIKADDE ABUBAKER (Proposed administrator Pendete lite for the estate of the late Namutebi Mariam Bitalo) 2. NABISERRE JALIA ::::::::::::::::::::::::::::::::: DEFENDANTS - (Proposed Administrator Pendete lite for the estate of the late Haruna Bitalo)
BEFORE: HON. LADY JUSTICE FLAVIA NASSUNA MATOVU
PROCEEDINGS:
Date: 2/7/2025
Parties absent
Court Ruling:
This matter was fixed for today and hearing date communicated to the parties via ECCMIS.
In the absence of all parties and no reason given for their nonattendance, the application is dismissed under O.9 r.17 of the Civil Procedure Rules.
JUDGE.
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