Dismissal of Application

Uganda Development Bank v National Insurance Corporation,G.M Combined ((Civil Appeal No.28 Of 1995)) [1996] UGSC 5 (29 June 1996);

Flynote: 

Search Summary: 

This was an appeal against the order of the high Court of dismissal of the suit due to failure to prosecute the case, and appeal against refusal of an adjournment.

 

Counsel for the appellant submitted that the dismissal was unjustified considering the circumstances of the appeal. Counsel for the respondent on the other hand submitted that there was lack of interest by the appellant in the case, thus its dismissal.

Headnote and Holding: 

The court found that the appeal had come up for hearing for the very first time, thus, it was wrong to dismiss it without considering its merits.

 

Accordingly, the appeal was allowed. An order was made for setting aside the order dismissing the suit.

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