Ogwal v Akright Projects Limited (Civil Suit No. 893 of 2021) [2022] UGHCLD 95 (15 March 2022)

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

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

## **[LAND DIVISION]**

#### **MISCELLANEOUS APPLICATION NO.893 OF 2021**

**(ARISING FROM CIVIL SUIT NO. 67 OF 2014)**

**JOSHUA OGWAL::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::APPLICANT**

#### **VERSUS**

### **1. AKRIGHT PROJECTS LTD**

**2. ANATOLI KAMUGISHA :::::::::::::::::::::::::::::::::::::::::::::::RESPONDENTS**

#### **RULING**

## BEFORE: **HON MR. JUSTICE HENRY I. KAWESA**

This application was brought by notice of motion under **Section 98 of the Civil Procedure Act Cap. 71; Section 33 of the Judicature Act Cap. 13; O.9 r. 18, O.52 r.1,2, & 3 of the Civil Procedure Rules S. I 71-1.**

The application seeks orders that:

1. The dismissal order issued by this Honourable Court on 18th February, 2021 with respect to High Court Civil Suit *No.67*

## *of 2014: Joshua Ogwal versus Akright Projects Ltd & Anor*

be set aside and the suit reinstated and heard on merit.

2. Costs of this application be in the cause.

The grounds of the application are supported by the affidavit of M/s. Martin Kakuru of M/s Ligomarc Advocates.

There is an affidavit of service on record indicating that the respondent was served the application and submissions of the applicant. However, the respondent did not file a reply. Accordingly, this Court shall proceed to determine the application *ex parte*.

## **Summary Resolution**

I have noticed that the order dismissing Civil Suit No.67 of 2014 was made under **O.9 r.17 and O.17 r.6 of the Civil Procedure Rules SI 71-1**.

As regards the latter Order and Rule, it is trite that a suit dismissed thereunder cannot be reinstated, but the Plaintiff may, subject to the law of limitation, file a fresh suit (*Kibugumu* **MA NO. 893-2021-JOSHUA OGWAL VS. AKRGHT PROJECTS LTD & ANOR. (RULING)**

# *Patrick versus Aisha Mulungi & Anor H. C. M. A No.455 of 2014; Cimtel Integrators Africa Ltd versus NSSF HCMA No.772 of 2016***).**

Since the suit was dismissed partly under **O.17 r.6 of the Civil Procedure Rules**, I find that it cannot be reinstated. The application is, therefore, hereby dismissed summarily.

No costs awarded.

……………………………

Henry I. Kawesa

## **JUDGE**

15/03/22