Muhimbise v Mohammedi Ali Saleh and 2 Others (Civil Appeal No. 222 of 2013; Civil Application No. 385 of 2018) [2021] UGCA 200 (23 February 2021)

## **THE REPUBLIC OF UGANDA**

**IN THE COURT OF APPEAL OF UGANDA AT KAMPALA**

**CIVIL APPLICATION NO. 385 OF 2018** & **CIVIL APPEAL NO.0222 OF 2013**

**(ARISING OUT OF HCCS NO. 009 OF 2009 OF FORT PORTAL)**

**KELLEN M UH IM BISE---------------------------------------APPLICANT**

## **VERSUS**

- **1. 2. MUHAMMED ALI SALEH** :}- - **CAIRO INTERNATIONAL BANK LTD ----------------RESPONDENTS** - **3. GEORGE BEGUMISA**

**CORAM: HON. MR. JUSTICE GEOFFREY KIRYABWIRE, JA**

**HON. LADY JUSTICE MONICA MUGENYI, JA**

**HON. MR. JUSTICE REMMY KASULE, Ag. JA**

## **RULING**

This matter came up for hearing today. Mr. Okello Oryem for the Respondent informed Court that neither the Appellant nor her lawyer were present in Court. On Court record is an affidavit of service on M/S Web Advocates Counsel for the Appellant, dated 19th February, 2021, where in it is deponed that service was accepted.

Mr. Oryem submitted that the Appeal be dismissed under Rule 100(1) of the Rules of this Court. He however pointed out that the Appellants had submissions on Court record.

We have noted the arguments for dismissal of the Appeal but since all submissions are on record, in the interest of justice we shall render a Judgment on Notice on the merits.

Dated at Kampala this ...... ~.1~. day of ..... .f~\.'.".~ .~f~ .... 2021.

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**HON. MR. JUSTICE GEOFFREY KIRYABWIRE**

**JUSTICE OF APPEAL**

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**HON. LADY JUSTICE MONICA MUGENYI**

**JUSTICE OF APPEAL**

**HON. MR. JUSTICE REMMY**

**Ag. JUSTICE OF APPEAL**