Tumuramye v Tushemereirwe (Civil Application No. 96 of 2016) [2018] UGCA 14 (10 May 2018)

Flynote

Civil Procedure|Actions and applications|Appeals and reviews

Case summary

The court observed that the applicant had to prove to court the cause of non- appearance when the appeal was called for hearing and the exercise of court’s power is discretionary after sufficient reason has been given. The court observed that the hearing notice was served on counsel who no longer had instructions from the applicant, and the applicant had filed notice in court for change of counsel. The court observed that a vigilant litigant could not be penalized for dilatory conduct of the advocate or of court if he did not directly have involved in it. The application was allowed and the appeal was reinstated.

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