Uganda Case Law

Makerere University Business School v Amolo and 19 Others

Makerere University Business School v Amolo and 19 Others (Miscellaneous Application 14 of 2022) [2023] UGIC 116 (16 January 2023)

Court

Industrial Court of Uganda

Case number

Miscellaneous Application 14 of 2022

Judges

Wabwire Musana, J, Namara, Panel Member, Nabirye, Matovu

The Industrial Court set aside an ex parte order after finding counsel’s absence was due to sufficient cause, and directed the labour dispute to proceed on a fixed date.

• Setting Aside Exparte Orders
• Sufficient Cause For Non Appearance
• Mistake Of Counsel
• Right To Fair Hearing
• Setting-aside-exparte-orders
• Sufficient-cause-for-non-appearance

Kilembe Mines v Makoma (Misc. Application No. 149 of 2015)

Kilembe Mines v Makoma (Misc. Application No. 149 of 2015) [2015] UGHCCD 114 (14 September 2015)

Court

HC: Civil Division (Uganda)

Case number

Misc. Application No. 149 of 2015

Judge

Musota, J

The High Court reinstated a dismissed suit after finding the applicant had not been properly served with hearing notices and showed sufficient cause for non-appearance.

• Reinstatement Of Dismissed Suit
• Sufficient Cause For Non Appearance
• Service Of Hearing Notice
• Reinstatement-of-dismissed-suit
• Sufficient-cause-for-non-appearance
• Service-of-hearing-notice

Ggoloba Godfrey v Harriet Kizito

Ggoloba Godfrey v Harriet Kizito [2007] UGSC 17 (27 June 2007)

Court

Supreme Court of Uganda

The Supreme Court of Uganda dismissed a civil appeal over reinstatement of a suit dismissed for non-appearance, holding that the advocate had shown sufficient cause.

• Dismissal For Non Appearance
• Reinstatement Of Suit
• Sufficient Cause For Non Appearance
• Civil-procedure
• Non-appearance
• Reinstatement-of-suit

Din v Anand

Din v Anand (Civil Appeal No. 72 of 1952) [1955] EACA 48 (1 January 1955)

Court

East African Court of Appeal

Case number

Civil Appeal No. 72 of 1952

Judge

Briggs, JA, Nihill P, Sir Enoch Jenkins, JA

The Court of Appeal held that the words 'sufficient cause' in Order IX, rule 20, are not synonymous with 'special grounds', and that the discretion to set aside an ex parte judgment is perfectly free. Negligence or mistake by a party's legal adviser may, depending on the facts, be accepted as sufficient cause for granting relief. The trial judge erred in law by treating counsel's negligence as automatically excluding the possibility of sufficient cause, thereby failing to exercise his discretion judicially. The appellate court found that, in the circumstances of this case, sufficient cause wa…

Source excerpt

• Setting Aside Ex Parte Judgment
• Sufficient Cause For Non Appearance
• Advocate Negligence
• Court Discretion
• Procedural Default