Wakilii

Aisha Daisy Buruku v Paul Kyasanku and Others (Civil Suit No. 373 of 2022)

High Court · [2026] UGHCLD 76 · 2026 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Dismissal of civil suit for want of prosecution under Order 17 Rule 6(1) CPR
Decision
Suit dismissed for want of prosecution

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court dismissed the plaintiff's land suit under Order 17 Rule 6(1) of the Civil Procedure Rules and section 98 of the Civil Procedure Act for failure to take any action for over two years. The last step taken was filing a receipt on 9 May 2022. The court made no order as to costs.

Outcome

Suit dismissed for want of prosecution

Facts

The plaintiff instituted a land suit on 9 May 2022 seeking declarations of ownership over land comprised in Busiro Block 436 Plots 755-761, alleging fraudulent acquisition by the defendants. The plaintiff claimed the land was purchased by her late husband Tom Walter Buruku in 1997 and she had been in possession since then. The plaintiff sought cancellation of the defendants' titles, registration in her name, eviction orders, injunctions, and damages. After filing a receipt on 9 May 2022, the plaintiff took no further action to prosecute the suit for over two years.

Issues

  1. Whether the suit should be dismissed for want of prosecution where the plaintiff took no action for over two years.

Orders

  • Case dismissed under Order 17 Rule 6(1) of the Civil Procedure Rules SI 71-1 and Section 98 of the Civil Procedure Act Cap 282 for non-action by the Plaintiff for over two years.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Dismissal for Want of Prosecution — Inaction for Two Years
Where a plaintiff takes no step to proceed with a suit for a period exceeding two years, the court may exercise its discretion under Order 17 Rule 6(1) of the Civil Procedure Rules to dismiss the suit for want of prosecution.

Legislation cited (2)

Cases cited (1)

  • Nilani v Patel and Others (1969) EA 340

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Aisha_Daisy_Buruku_v_Paul_Kyasanku_and_Others_(Civil_Suit_No._373_of_2022)_[2026]_UGHCLD_76_(27_March_2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.