Samwili Kibuuka v Eriya Lugeya Lubanga (Civil Appeal No: 211 of 2013) [2019] UGCA 2121 (27 November 2019)

Full Case Text

#### THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA CryIL APPEAL NO: 211 OF 2013

#### SAMWILI KIBUUKA:::::::::::::::::::::::::::::::::::::::::::::::::::::: APPELLANT

#### VERSUS

ERIYA LUGEYA LUBANGA:::::::::::::::::::::::::::::::::::::::::::: RESPONDENT

#### orqElB

This matter coming up for hearing on the 12th day of November, 2019 before HON. JUSTICE STEPHEN MUSOTA, HON. JUSTICE REMMY KASULE AND HON. LADY JUSTICE ELIZABETH MUSOKE in the presence of the Mr. Jingo Christopher Counsel for the respondent , in the absence of both parties and counsel for the Appellant.

# It is hereby ordered that;-

- 1. Civil Appeal no; ZLl of 2013 is hereby dismissed. - 2. The appellant to pay costs to the respondent.

Given under my Hand and the Seal of this Honourable Court this. TIff,,,

.2019

REGISTRAR COURT OF APPEAL

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Extracted by: M/S ]INGO, SSEMPIJ]A & CO, ADVOCATES, PLOT 15, KAMPALA ROAD, AFRICA HOUSE BUILDING 3\*o FLooR, SUITE 01 P. O. BOX 12347, KAMPAI-A

#### THE REPUBLIC OF UGANDA

# IN THE COURT OF APPEAL OF UGANDA (COA) AT **KAMPALA**

CIVIL APPEAL NUMBER 0211 OF 2013

PROCEEDINGS BEFORE: $10$

HON. LADY. JUSTICE ELIZABETH MUSOKE, JA

HON. MR. JUSTICE STEPHEN MUSOTA, JA

HON. MR. JUSTICE REMMY KASULE, JA

PARTIES: $15$

SAMWIRI KIBUUKA:::::::::::::::::::::::::::::::::APPELLANT

$VS.$

ERIYA LUGEYA LUBANGA:::::::::::::::::::::::::::RESPONDENT

$20$ Date: 12TH November, 2019

$\mathsf{S}$

#### 5 Appearances:

Absent : Counsel for Appellant

Mr. Jingo Christopher: Counsel for Respondent

Geoffrey Kikonyogo: Court Clerk

Ampiire Evelyn: Transcriber

#### Mr. Jingo:

May it please my lords Jingo Christopher for the respondent, my lords the appellant is not here with his advocate, the respondent is also not here because he is sick unable to be 15 here but he has sent his 2 sons

My lords, this matter has been in court for a long time

## Justice Musoke:

Was he served?

# Mr. Jingo:

20 We were all served by court.

## Justice Musoke:

But they lost instructions and contacts

#### 5 Mr. Jingo:

My lords this an old matter, the original suit came to court in 2001 and this very appeal started in 2013 before this court, it appears my lord that the respondent who is putting in a lot of effort to ensure that this matter is heard by this court.

10 In the premises my lords, we pray that the appeal is dismissed for want of prosecution with costs against the appellant. We so pray my lords.

## Justice Musoke:

Under what rule

#### 15 Mr. Jingo:

Rule 100(1) Judicature Court of Appeal Rules and Directions.

## Justice Musoke:

When this matter was called for hearing, counsel Jingo Christopher for the respondent was in court but the appellant was not in court and neither was his lawyer.

According to the aflidavit of service which is dated L2tt. November 2019 sworn by Kyambadde Ali it is stated in para 3 that on 1ltn day of October 2019 I duly effected service on

5 Luzige Kamya and Co. Advocates located on Kirumira tower William street Kampala 2.d floor suit number 4 who refused to receive claiming that they lost instructions from the matter and also lost contacts for the client.

We note that Luzige, Kamya and Kavuma advocates are the 10 advocates who are on record for the appellant. They should have indicated to court why they are not here but they didn't come. So we take it that they are still the advocates for the appellant and since they were served on behalf of the appellant and they are not here, we take it that the appellant 15 has lost interest in the appeal.

We therefore hereby dismiss this appeal for lack of prosecution, it was filed in 2013 and up to now it has not been prosecuted. We dismiss it under Rule 100(1) of the Court of Appeal Rules. We so order. We also order that costs 20 of this appeal will go to the respondent.

# HON. JUSTICES OF APPEAL

# I2,fr NOVEMBER 2OI9