Katende and Another v Ssendagire and 2 Others
Katende and Another v Ssendagire and 2 Others (Miscellaneous Application 1189 of 2022) [2024] UGHCLD 19 (17 January 2024)
The court found that the applicants had consistently attended court except for the day the suit was dismissed, which was due to lack of service of the hearing notice. The record showed no negligence or inactivity on the part of the applicants or their counsel. The absence was not deliberate but caused by procedural failure to notify them of the hearing date. Applying Order 9 Rule 18 and relevant case law, the court held that sufficient cause was established for non-appearance. Therefore, the dismissal order was set aside and the suit reinstated to be determined on its merits.
Source excerpt
- Setting Aside Dismissal
- Reinstatement Of Suit
- Service Of Hearing Notice
- Non Appearance
- Fraudulent Land Subdivision