Mutesasira & 8 Ors v Nakalema (Misc Application No. 0256 of 2016)
Mutesasira & 8 Ors v Nakalema (Misc Application No. 0256 of 2016) [2017] UGHCLD 359 (30 October 2017)
The court held that the application was procedurally incompetent as it was wrongly brought by chamber summons instead of notice of motion, contrary to the Civil Procedure Rules. Furthermore, the applicants failed to provide sufficient cause to justify setting aside the dismissal order, as there was no credible evidence of counsel's mistake or any rebuttal of the respondent's affidavit. The court found that the same counsel whose negligence led to the dismissal was again responsible for the procedural error in the present application, and this combination of errors placed the case outside the…
Source excerpt
- Setting Aside Dismissal
- Procedure For Applications
- Bibanja Eviction
- Mistake Of Counsel