Katushabe & 18 Others v Mbabazi & Another
Katushabe & 18 Others v Mbabazi & Another (Miscellaneous Application 39 of 2023) [2024] UGHC 532 (25 January 2024)
The court found that the applicants' failure to attend the hearing was due to a bona fide mistake by their counsel, who believed the matter was fixed for a later date based on information from a court clerk. The applicants demonstrated genuine interest in prosecuting the appeal, and the respondents did not show that readmission would prejudice them. The court held that mistakes of counsel should not be visited on litigants and that substantive justice requires the appeal to be heard on its merits. The inherent powers of the court under Article 126(2)(e) of the Constitution and Section 98 of t…
Source excerpt
- Dismissal For Want Of Prosecution
- Readmission Of Appeal
- Sufficient Cause
- Mistake Of Counsel
- Substantive Justice
- Land Ownership Dispute