Nsamba v Civil Aviation Authority and Another
Nsamba v Civil Aviation Authority and Another (Miscellaneous Application 791 of 2023) [2023] UGHCLD 396 (10 November 2023)
The court found that the oral application by the 1st respondent for dismissal was based on non-appearance of the plaintiff, not want of prosecution. The record did not show any application or prayer for dismissal under Order 17 Rule 4 or 5, nor any direction by the court for the plaintiff to produce witnesses. The court held that the dismissal order was made under a mistaken application of the law, constituting an error apparent on the face of the record. The applicant was represented by counsel on the day of dismissal, and the mistake of counsel should not prejudice the litigant. The court e…
Source excerpt
- Review Of Dismissal
- Want Of Prosecution
- Nonappearance Of Plaintiff
- Reinstatement Of Suit
- Error Apparent On Record