Kathryns Limited v DFCU Limited (Miscellaneous Cause No. 126 of 2024) [2025] UGHCLD 95 (17 June 2025)

#### **THE REPUBLIC OF UGANDA**

#### **IN THE HIGH COURT OF UGANDA AT KAMPALA**

#### **(LAND DIVISION)**

#### **MISCELLANEOUS CAUSE NO. 126 OF 2024**

5 **KATHRYNS LIMITED ::::::::::::::::::::::::::::::::::::::::: APPLICANT**

#### **VERSUS**

**DFCU LIMITED ::::::::::::::::::::::::::::::::: RESPONDENT**

# **BEFORE: HON. LADY JUSTICE FLAVIA NASSUNA MATOVU PROCEEDINGS:**

# 10 **Date: 26/3/2025**

Mr. Rosemary Baganda from M/s Nyanzi, Kiboneka & Mbabazi Advocates for Applicant.

Applicant absent

Mr. Mohammed Busiba from Legal Department DFCU Bank

#### **Mr. Baganda:**

Counsel in personal conduct of this case is indisposed. I pray that case be stood over.

#### **Court:**

20 Case is adjourned to 9/4/2025 at 9:30a.m.

## **Signed: Flavia Nassuna Matovu Judge**

#### **Date: 9/4/2025 at 9:30a.m.**

- 25 Mr. Richard Kiboneka for applicant - Mr. Mohammed Busiba for the respondent.

#### **Mr. Kiboneka:**

I have looked at the Affidavit in Reply and I seek indulgence of

30 court to allow us amend and replace DFCU Bank with DFCU Ltd under O.1 r.10(2) of the CPR. It was a bonafide mistake instead of DCFU Ltd, we filed against DFCU Bank Ltd. This will not occasion any injustice.

#### 35 **Mr. Busiba:**

I have no objection but we pray for costs. The applicant can reach out to the beneficiaries of the estate and have the same matter resolved.

#### **Court:**

40 After carefully listening to both counsel, the applicant is granted leave to substitute the name of DFCU Ltd for DCFU Bank Ltd, in accordance with the provisions of O.1 r.10 of the CPR. Costs shall be in the cause.

In the meantime case is fixed for mention on 17/6/2025 at 45 9:30a.m.

### **Signed: Flavia Nassuna Matovu**

#### **Judge**

### **Date: 17/6/2025 at 9:30a.m.**

50 Mr. Tayebwa Erisha from M/s Ligomarc Advocates for Respondent.

Respondent absent

Applicant absent

#### 55 **Mr. Tayebwa:**

Application is for hearing. The applicant and his advocate are not in court. I pray that it be dismissed.

#### **Court:**

60 Since applicant and his advocates are not in court and no reason has been given for their non-attendance. The application is dismissed under O.9 r.22 of CPR with costs to respondent.

**Flavia Nassuna Matovu**

65 **Judge 17/6/2025**