RULING OF THE COURT
We have before us an application by way of Notice of Motion brought under Rule 99(3) of this Court’s Rules in which the applicant, Three Way Shipping Services (Group) Ltd., is seeking an order that the Civil Appeal No. 313 of 2003 which was dismissed for non-appearance on 23rd July, 2003 be restored for hearing. The application is brought on the following grounds:-
“(1) THAT the applicants Appeal No. 313 of 2003 was dismissed on 23rd July, 2003 for non-appearance of the appellant.
(2) THAT the applicant only became aware of the dismissal on 27th January, 2005 when he was served with Notice of Execution from the High Court of Uganda.
(3) THAT the applicant’s counsel then on record never advised the applicant on the hearing date.
(4) THAT the applicant’s counsel then on record never attended the hearing
(5) THAT the applicant’s counsel then on record never attended the hearing of the appeal
(6) THAT Negligence and or mistake of counsel should not be visited upon the Applica…