Okello v Ocaya (Miscellaneous Application 155 of 2023) [2024] UGHC 741 (16 August 2024)
Court
High Court of Uganda
Case number
Miscellaneous Application 155 of 2023
Judge
Mwaka, J
The High Court at Kitgum dismissed an application to file an appeal out of time after finding the motion was not served within the mandatory 21 days and the delay explanation was false.
Odongo v Oryema (Miscellaneous Application 124 of 2023) [2024] UGHC 315 (13 May 2024)
Court
High Court of Uganda
Case number
Miscellaneous Application 124 of 2023
Judge
Phillip Odoki, J
The High Court at Gulu dismissed an application for contempt-related relief after the applicant failed to file and serve the amended motion within the time ordered.
Nakibuuka v Centenary Rural Development Bank Limited & Another (Miscellaneous Application 718 of 2023) [2023] UGCommC 259 (10 October 2023)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 718 of 2023
Judge
Anna B. Mugenyi, J
The court found that the suit was dismissed not for want of prosecution under Order 17 rule 5 of the Civil Procedure Rules, but for non-compliance with court directions while the matter was still at the stage of pleadings. The pending application for substituted service and incomplete pleadings meant the scheduling conference could not properly proceed. The failure to bring this procedural status to the attention of the trial judge resulted in a miscarriage of justice. The court held that these special circumstances justified invoking its inherent jurisdiction under Section 98 of the Civil Pr…
Immanuel Agro Limited v Express Airway Services Limited (Miscellaneous Application 111 of 2022) [2022] UGCommC 187 (7 October 2022)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 111 of 2022
Judge
Anna B. Mugenyi, J
The court found that the applicant failed to serve the application within the twenty-one days prescribed by Order 5 rule 1(2) of the Civil Procedure Rules. Furthermore, the applicant did not apply for an extension of time to serve the application as required by law. The court held that compliance with service timelines is mandatory and failure to do so without seeking extension renders the application incompetent. As a result, the application was dismissed with costs to the respondent.
Nankabirwa v Namugenyi Sozi (Civil Suit No. 130 of 2016) [2021] UGHCLD 102 (17 August 2021)
Court
HC: Land Division (Uganda)
Case number
Civil Suit No. 130 of 2016
Judge
Nkonge, J
The court dismissed the suit after finding that renewal of summons was sought irregularly by letter, outside the prescribed time, and without an affidavit.
Beyagala v Kasumba (Misc. Applic. No. 622 of 2011) [2012] UGHC 229 (8 November 2012)
Court
High Court of Uganda
Case number
Misc. Applic. No. 622 of 2011
Judge
Tuhaise, J
The High Court set aside dismissal of an appeal after counsel failed to file submissions without the applicant’s knowledge, and reinstated the appeal.