Uganda Muslim Supreme Council v Nsamba (Civil Appeal 45 of 1996) [1998] UGCA 49 (21 May 1998)

## **THE REPUBLIC OF UGANDA**

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

#### **CIVIL APPEAL NO. 45/96**

**CORAM: HON. MR. JUSTICE S. T. MANYINDO, DCJ. HON. MR. JUSTICE J. P. BERKO, JA. HON. MR. JUSTICE A. TWINOMUJUNI, JA.**

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**UGANDA MUSLIM SUPREME COUNCIL APPELLANT**

#### **VERSUS**

| 1. | KASSIM<br>NSAMBA | | |----|------------------|--| | | | |

**2. ELIAS GAMBA RESPONDENTS**

**27th January, 1998:-**

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#### **PROCEEDINGS:**

Mr. Fred Kamugunda for respondents.

Appellant absent, their Counsel Mr. Butagira absent.

Court:- The purported service or the appellant is defective in that (a) the hearing notice appears to have been served before it

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even left the Registry and (b) it is not clear whether the appellants' Office Superintendent was compiled to receive service. In the circumstances we cannot say that the appellant was served. Therefore the matter is adjourned for fresh service. No order as to costs.

## *S. T. Manyindo* **Deputy Chief Justice.**

# *J. P. Berko* **Justice of Appeal.**

*A. Twinomujuni* **Justice of Appeal. 27.1.1998.**

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May, 1998. 21st

Mr. Fred Karaganda for respondents.

Appellant absent though the District Khadi, Mbarara was served on 10/4/98.

- Mr. Kamugunda:- <sup>I</sup> pray that you proceed under Rule 99(1) of the Rules of this Court and dismiss this appeal since the appellant has not shown reason for not arriving to court to prosecute the appeal. - Order-The appellant Council was served on 10/4/98 with the hearing notice for today, through their District Khadi. They have not come to court and no reason has been shown for the default. In the instances and per request by the Counsel for the appellant, this appeal is dismissed with costs to the respondent under Rule 99 of the Rules of this Court.

*S. T. Manyindo* **Deputy Chief Justice. 21/5/1998.**

*J. P. Berko* **Justice of Appeal. 21/5/1998.**

**A.** *Twinomujuni* **Justice of Appeal. 21/5/1998.**

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