Jeremiah Kaijage v. Sahid Byarushengo, Civ. Application 9-M-68, Mustafa J.

Jeremiah Kaijage v. Sahid Byarushengo, Civ. Application 9-M-68, Mustafa J.

At the hearing date of a suit filed by applicant, neither he nor the advocate named as representing him appeared, and the suit was dismissed under Civil Procedure Code Order 9 Rule 8. Plaintiff applied to the High Court for leave to appeal out of time, on the grounds that he had never instructed the advocate to appear for him, and was never himself told of the hearing date.

            Held: The dismissing the suit under Order 9 Rule 8 is not appeal able. Applicant’s only remedy is to apply for restoration of his suit under Order 9 Rule 9. Application dismissed; no order as to costs, because of applicant’s probable ignorance of the provisions of the Civil Procedure Code.