East African Packaging Solutions Limited v Fresh Cuts Uganda Limited
East African Packaging Solutions Limited v Fresh Cuts Uganda Limited (Miscellaneous Application 140 of 2023) [2024] UGHC 921 (30 September 2024)
The court found that while an advocate may swear an affidavit if the facts are within their knowledge, the applicant failed to provide sufficient evidence to justify non-appearance on the hearing date. No medical evidence was provided for counsel's illness, no affidavit from the instructed counsel or law clerk was filed, and no explanation was given for the absence of a company representative. The applicant demonstrated laxity in prosecuting the case and failed to show vigilance. The court held that sufficient cause was not established to warrant setting aside the dismissal of Civil Suit No.…
Source excerpt
- Setting Aside Dismissal
- Sufficient Cause
- Non Appearance
- Affidavit Locus Standi