Ahmed Nsubuga v Maxensia Namuddu (Miscellaneous Application 2148 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application for interim stay of execution dismissed under Judicature Act s.17(2) for want of prosecution. The applicant failed to take any steps to prosecute the application for close to three years, constituting case backlog. Court declined to extend the period further and dismissed the application with no order as to costs.
Outcome
Application dismissed for want of prosecution
Facts
The applicant filed a Notice of Motion on 27 June 2023 seeking interim stay of execution of the decree in consolidated civil suits (HCCS No. 798 of 2020 and Civil Suit No. 838 of 2020) and an order for eviction of the respondent within two weeks from judgment. The application remained in the system for close to three years without the applicant taking any steps to prosecute it, thereby constituting case backlog.
Issues
- Whether the application should be dismissed for want of prosecution
Orders
- Application dismissed under Section 17(2) of the Judicature Act.
- No order as to costs.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.