The School Management Committee of Sibiyirise Primary School v Adong & Another (Civil Appeal 49 of 2006) [2008] UGHC 176 (28 October 2008)

### **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA HOLDEN AT MBALE**

## **HCT-04-CV-CA-0049-2006 (ARISING FROM HCCR NO. 0012 OF 2003) (AND BUS1A CIVIL SUIT NO. 38 OF 2003) THE SCHOOL MANAGEMENT COMMITTEE OF SIBIYIRISE PRIMARY SCHOOL APPELLANT VERSUS 1. ADONGO ROSELINE LUHONI**

**2. LUHONI ANDREW RESPONDENTS**

#### **BEFORE: THE HON. MR. JUSTICE E. K. MUHANGUZI**

#### **RULING**

The court record is in a mess as the appeal itself which was supposedly filed on 17.7.2006 (according to the file diary) is not on the file.

Nevertheless, M/s Okwalanga & Co. Advocates who filed notice of change of Advocates taking over conduct ofthe appellant's case on 19.2.2008, was served for hearing this appeal today, as per the affidavit ofservice on record but neither appellant nor counsel have come to court yet. It is now 11:15a.m and they are not in court and the second respondent and counsel for both respondents are in court now.

In the circumstances ofthis appeal court hereby dismisses the appeal under 0.43 r.l (1) ofthe CPR, with costs to the respondents.

# E. K. Muhanguzi JUDGE 28.10.2008