Namiro v Ms Bbaale and Partners Advocates and Legal Consultants (Misc Cause 382 of 2023) [2025] UGHCLD 64 (29 May 2025)

## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA (LAND DIVISION) **MISCELLANEOUS CAUSE NO.382 OF 2023**

NAMIRO SUZAN------------------------------------

## **VERSUS**

## M/S BBAALE & PARTNERS, ADVOCATES & LEGAL CONSULTANTS ------------------ RESPONDENT

**BEFORE: HON. LADY JUSTICE CHRISTINE KAAHWA**

## **RULING**

This application was brought under section 98 of the Civil Procedure Act, section 33 of the Judicature Act, section 74(1) of the Advocates Act Cap.267, Rule 2(1) of the Advocates Act Cap.267 and Order 52 Rule 1 and 3 of the Civil Procedure Rules for orders that;

- 1. The Applicant be struck out as a party in Civil Suit No.486 of 2025 and all applications arising therefrom as the Applicant has never given the Respondent any instructions to commence and/file the Civil Suit in her names. - 2. The costs awarded in Civil Suit No.486 of 2020 and Miscellaneous Application No.328 of 2019 against the Applicant be met by the Respondent. - 3. Costs of the application be provided for.

When this matter came up for hearing the parties and their Counsel were absent.

The Affidavit of Service deposed by Namuddu Ezereth, a Court Process Server shows that she served M/s John F. Ssengooba & Co. Advocates on the 26<sup>th</sup> May 2025. The Hearing Notice was signed by Namugalu Vivian from M/s John F. Ssengooba & Co. Advocates.

On the other hand Counsel for the Respondents M/s Eric-Kiingi & Co. Advocates received the Hearing Notice in protest stating that they would not be able to appear as they were engaged in the Court of Appeal.

I note that the case that was being attended to in the Court of Appeal is not mentioned. I dismiss this application under Order 19 Rule 17 of the Civil Procedure Rules for none appearance of the parties. Each party shall bear their own costs.

Dated at Kampala this 29<sup>th</sup> day of **May 2025**.

$k$ **Christine Kaahwa JUDGE**