Uganda Case Law

Changa & 8 Others v Toskin

Changa & 8 Others v Toskin (Miscellaneous Application 81 of 2022) [2024] UGHC 763 (21 August 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 81 of 2022

Judge

Lubega, J

The application to set aside the dismissal order and reinstate Civil Appeal No. 081 of 2022 fails because the appeal was dismissed under mandatory provisions of the Civil Procedure Rules for want of service and prosecution. The relevant rules (Order 5 rule 1, Order 43 rule 11, and Order 5 rule 3) prescribe statutory consequences for non-compliance, namely dismissal without discretion. The only remedy available to the applicants is to seek leave to file a fresh appeal out of time, subject to the law of limitation. The court cannot reinstate an appeal dismissed under these mandatory provisions,…

Source excerpt

• Dismissal For Want Of Service
• Reinstatement Of Appeal
• Mandatory Procedural Rules
• Service Of Process
• Land Ownership Dispute

Mulyabintu v Case Western Reserve University (Ohio) & Another

Mulyabintu v Case Western Reserve University (Ohio) & Another (Civil Appeal No. 190 of 2013) [2020] UGCA 2061 (25 June 2020)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 190 of 2013

Judge

Kakuru, JA, Madrama, JA, Kiryabwire, JA

The Court of Appeal dismissed an appeal over a refused reinstatement and amendment application, holding that the suit had been properly dismissed for failure to serve summons.

• Dismissal For Want Of Service
• Amendment Of Plaint
• Reinstatement Of Suit
• Workers Compensation
• Limitation Of Actions
• Dismissal-for-want-of-service