Western Cables Uganda Limited v Juliet Namuli Asiya and Others (Civil Suit No: 522 of 2019) [2025] UGCommC 205 (19 June 2025)

### 5 THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (COMMERCIAL DIVISION) CIVIL SUIT NO: 0522 OF 2019

# 10 WESTERN CABLES UGANDA LIMITED ======== PLAINTIFF

#### VERSUS

1. JULIET NAMULI ASIYA 15 2. KIMBOWA ROBERT 3. WESTERNER CABLES COMPANY (U) LTD 4. KIMBOWA KENNETH SUUBI SEMBATYA 5. TENDO ELIANA 6. KIRABO CYNTHIA 20 7. UGANDA REGISTRATION SERVICES BUREAU 8. DFCU BANK LTD 9. PKF UGANDA=======================DEFENDANT

## BEFORE: HON. LADY JUSTICE SUSAN ODONGO

## 25 RULING

The Plaintiff filed this suit for various declaratory and financial orders against the defendants related to unlawful incorporation of a company with intention to defraud the plaintiff.

This suit was dismissed on 11th November 2020 for want of prosecution and reinstated on 4 th November 2022. This matter was cause listed for 19th 30 June 2025 and the cause list widely circulated. Hearing notice was issued via ECCMIS. However, when this matter was called on for hearing, the parties did not appear.

It goes without saying that the judiciary is currently burdened by a backlog of cases, and courts have adopted a stricter stance regarding adherence to timelines

35 established to facilitate the expeditious disposal of cases. When a suit is called on by the court for hearing or for any related matter, it is incumbent upon parties


5 to respond punctually and diligently to prosecute their matter, failure to do so results in the unnecessary consumption of the court's valuable time.

Therefore, where parties default in taking actions necessary to facilitate the expeditious progression of the case, Order 17 rule 4 of the Civil Procedure Rules, S. I. 17-1 guides the Court on how to proceed. The provision states;

- 10 *Where any party to a suit to whom time has been granted fails to produce his or her evidence, or to cause the attendance of his or her witnesses, or to perform any other act necessary to the further progress of the suit, for which time has been allowed, the court may, notwithstanding that default, proceed to decide the suit immediately. (emphasis mine).* - 15 The performance of any other act necessary to the further progress of the suit, may comprise, filing necessary documents, complying with procedural orders, attending hearings. The determination of the suit, forthwith, is a matter within the Court's discretion that lies with court.

Notably, since this suit was filed in 2019, it, undoubtedly, forms part of case 20 backlog. In this case, the parties' failure to appear when the suit was called on

for hearing constitutes a failure to take any further steps necessary to advance the case. An act proper for the exercise by this court of the discretion under Order 17 rule 4 of The Civil Procedure Rules.

Thus, there being no appearance by the parties, I hereby dismiss this suit 25 pursuant to Order 17 rule 4 of the Civil Procedure Rules.

I so order.