THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
CIVIL SUIT NO. 680 OF 1991
PLES QUALITY PRINTERS LIMITED :::::::::::::::::; PLAINTIFF/ APPLICANT
UGANDA COMMERCIAL BANK :::::::::::::::::::: DEFENDANT/ RESPONDENT
BEFORE: THE HON. MR. JUSTICE G.M. OKELLO
The hearing of this case started on 20/4/95. In the middle of the evidence of the 1st witness for the Plaintiff, Prof. Sempebwa who was conducting the prosecution of the case for the Plaintiff sought adjournment on the personal ground that he had received a that his close relative had been arrested. Secondly he also wanted time to find a document (letter which in the course of the evidence transpired was important) I obliged that request and by consent of counsels from all the parties the case was adjourned for further hearing on 29-30/5/95.
On 29-5-95 when the case was called for resumption of the
hearing, Prof. Sempebwa did not appear but the Plaintiff’s M/D appeared.
Mr. Serwanga informed court that he was instructed to hold the brief
for Pr Sempebwa who he said had informed him at short notice to
have had stomach problem and was unable to attend court, so Serwanga applied for adjournment.
The application for adjournment was opposed by counsels for the 1st and 2nd Defendants. They thought that Mr. Serwanga being from the same Firm of advocates as Sempebwa could continue with the prosecution of the case. I shared that view and in order to avoid the delay of the case, allowed the application for adjournment on condition that Mr. Serwanga studied the relevant file and to take over the prosecution of the case today.
But today when the file was called for resumption of the hearing, I was surprised when Mr. Serwanga again applied for adjournment of the case, He gave two reasons:-
Sickness of Prof. Sempebwa who was thereby unable to attend Court.
In support, Serwanga
to an affidavit sworn by Prof. Sempebwa
on 29/5/95 stating that he had personal conduct of this case end that he was truly sick with an acute stomach problem. He attached to the affidavit a Note from