Wakilii

Alozio Baroda Ntale v International Construction China Chongqing (FPT-00-CV-CS-54 of 2008; HCT-01-CV-CA 27 of 2014; Miscellaneous Application No.88 of 2018)

High Court · [2020] UGHC 429 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal of civil appeal for want of prosecution
Decision
Appeal No. 27 of 2014 reinstated subject to payment of security for costs

Observed later treatment

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Holding

The High Court granted the application to reinstate Civil Appeal No. 27 of 2014 which had been dismissed for want of prosecution. While the applicant had not taken steps to pursue the appeal for over two years, the court found that the lower court file had not been forwarded despite the registrar's note. The court gave the applicant the benefit of the doubt but imposed a condition requiring payment of UGX 1,000,000 as security for costs to ensure diligent prosecution of the reinstated appeal.

Outcome

Appeal No. 27 of 2014 reinstated subject to payment of security for costs

Facts

The applicant filed Civil Suit No. 54 of 2008 at Fort Portal Chief Magistrate's Court against the respondent for trespass of land at Rwimi, Kabarole District. Judgment was delivered on 17 April 2014 against the applicant. The applicant filed Civil Appeal No. 27 of 2014 on 16 May 2014 at Fort Portal High Court. The registrar made a note that the lower court file be forwarded to the High Court, but the file was never forwarded despite the lower court being nearby. On 4 July 2017, the trial judge dismissed the appeal for want of prosecution since no steps had been taken for two years. In October 2018, the applicant brought this application to set aside the dismissal and reinstate the appeal.

Issues

  1. Whether the court order dismissing Civil Appeal No. 27 of 2014 for want of prosecution should be set aside.
  2. Whether the appeal should be reinstated and heard on merit.

Orders

  • Application granted on conditions.
  • Applicant to pay UGX 1,000,000 as security of costs.
  • Registrar to ensure the lower court record is forwarded without further delay.
  • Appeal fixed for hearing with directions: Appellant to file written submissions by 30 September 2020; Respondent to file submissions by 16 October 2020; Judgment to be delivered on 20 November 2020.
  • Each party to bear its own costs for this application.

Rules and key headnotes

Civil Procedure — Appeals — Dismissal for Want of Prosecution — Reinstatement
Where an appeal has been dismissed for want of prosecution under Order 17 Rule 6(1) of the Civil Procedure Rules due to inaction for over two years, the court has discretion to reinstate the appeal where the lower court file was not forwarded despite a registrar's direction, but may impose conditions such as payment of security for costs to ensure diligent prosecution.
Civil Procedure — Case Management — Duty of Parties — Diligent Prosecution
The onus is on an applicant to follow up on their appeal, especially when represented by counsel. Where a lower court file has not been forwarded, prudent practice requires a formal letter to the court reminding it of the outstanding file so that the appeal can be fixed for hearing.
Civil Procedure — Dismissal for Want of Prosecution — Scope of Order 17 Rule 6
Order 17 Rule 6 of the Civil Procedure Rules, which provides for dismissal of suits where no step has been taken by either party for two years, can be broadly interpreted to cover appeals given that the intention is to weed out matters that are not proceeding.

Legislation cited (9)

Cases cited (1)

  • Abdu Ngobi v Uganda (Supreme Court Criminal Appeal No. 10 of 1992)

Full judgment

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

Alozio Baroda Ntale v International Construction China Chongqing (FPT-00-CV-CS-54 of 2008; HCT-01-CV-CA 27 of 2014; Miscellaneous Application No.88 of 2018) [2020] UGHC 429 (7 September 2020)
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.