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Uganda decisions
Decisions matching the current search
Nsamba v Civil Aviation Authority and Another (Miscellaneous Application 791 of 2023) [2023] UGHCLD 363 (10 November 2023)
The High Court reviewed and set aside a dismissal order, finding the suit had been dismissed on the wrong procedural basis and reinstating the land case for hearing.
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
Kambuga and 3 Others v Walugembe and 4 Others (Miscellaneous Application 1136 of 2023) [2023] UGHCLD 261 (29 August 2023)
High Court Land Division review application allowed after the court found sufficient cause to reinstate a dismissed appeal, despite procedural confusion and counsel’s omissions.
Edward Kasinzi alias Gatsinzi vs Hussein Kisiki Nyamayalwo and 2others (Miscellaneous Civil Application No. 1747 of 2022) [2022] UGHCLD 216 (2 November 2022)
The High Court set aside a dismissal for non-service, finding the applicant’s failure stemmed from ECCMIS technical errors and not negligence.
