Mulira v Mitchell Cotts Ltd
Mulira v Mitchell Cotts Ltd (Miscellaneous Application No. 485 of 2014) [2016] UGCommC 74 (2 March 2016)
The court found that the applicant, a practicing advocate, failed to exercise reasonable diligence in ascertaining the status and venue of his application, given the existence of an electronic notice board and his professional experience. The applicant's explanation for nonappearance was deemed untenable, and his conduct did not amount to sufficient cause as required by Order 9 rule 23(1) of the Civil Procedure Rules. The court further held that procedural errors in citing the wrong rule or affidavit authorisation were not fatal and did not prejudice the substantive determination of the appli…
Source excerpt
- Reinstatement Of Suit
- Dismissal For Nonappearance
- Procedural Errors
- Sufficient Cause
- Affidavit Authorisation