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Uganda Judgment

HC: Land Division (Uganda)

Torr v Kyomuhendo (Miscellaneous Application 210 of 2023) [2023] UGHCLD 433 (26 September 2023)

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01

Holding and result

The court found that, after reviewing the pleadings and the relevant law, this was an appropriate case to grant the applicant leave to attend proceedings via visual audio link. The decision was based on the court's discretion to facilitate access to justice and efficient conduct of proceedings, especially where no prejudice to the other party is demonstrated. The absence of the parties and lack of objection from the respondent further supported the grant of the order.

Court disposition

application granted

Orders

  • The applicant is allowed to attend proceedings in HCCS No. 644 of 2017 via visual audio link.
  • Costs of the application shall be in the cause.

02

Material facts

Parties

David Anthony Torr

Applicant

Maureen Alice Kyomuhendo

Respondent

03

Procedural history

  1. Posture

    Miscellaneous Application / Ruling on Application for Virtual Attendance

04

Questions and positions

Legal issues

Whether the applicant should be granted leave to attend court proceedings via visual audio link.

Party arguments

Applicant
The applicant sought permission to attend proceedings in HCCS No. 644 of 2017 via visual audio link, citing appropriate circumstances and reliance on relevant law.
Respondent
The respondent did not appear and no arguments were recorded from her side.

05

Court’s reasoning

  1. 01

    Ugandan civil procedure rules and practice

    Courts have discretion to permit attendance via visual audio link where circumstances justify and no prejudice is occasioned.

06

Ratio, limits and disposition

Ratio decidendi

The court found that, after reviewing the pleadings and the relevant law, this was an appropriate case to grant the applicant leave to attend proceedings via visual audio link. The decision was based on the court's discretion to facilitate access to justice and efficient conduct of proceedings, especially where no prejudice to the other party is demonstrated. The absence of the parties and lack of objection from the respondent further supported the grant of the order.

Court disposition

application granted

  • The applicant is allowed to attend proceedings in HCCS No. 644 of 2017 via visual audio link.
  • Costs of the application shall be in the cause.

Source and reliance status

HC: Land Division (Uganda)

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Judgment text

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Source document

HC: Land Division (Uganda)

Judgment

[2023] UGHCLD 433

THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (LAND DIVISION)

MISCELLANEOUS APPLICATION NO. 210 OF 2023

(ARISING FROM CIVIL SUIT NO. 644 OF 2017) DAVID ANTHONY TORR :::::::::::::::::::::::::::::::::: APPLICANT

VERSUS

MAUREEN ALICE KYOMUHENDO ::::::::::::::::: RESPONDENT BEFORE: HON. LADY JUSTICE FLAVIA NASSUNA MATOVU PROCEEDINGS:

Date: 26/9/2023

Parties absent

COURT RULING:

After carefully studying the pleadings on record and relevant law, this is a fit and proper case for which an order for attendance of court via visual audio link should be granted.

The application is hereby granted allowing to attend proceedings inHCCS No. 644 of 201 7 via visual audio link.

Costs of the application shall be in the cause.

FLAVIA NASSUNA MATOVU JUDGE 26/9/2023

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