Ann Nakanwagi v Abdul Mawejje and Others (Miscellaneous Application No. 3416 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application dismissed under section 17(2) of the Judicature Act for want of prosecution. The applicant failed to extract a hearing notice, serve the respondents, or take any follow-up action to prosecute the application seeking correction of an alleged oversight in the main suit judgment.
Outcome
Application dismissed for want of prosecution
Facts
The applicant brought an application under section 99 of the Civil Procedure Act seeking correction of an alleged oversight in a judgment in Civil Suit No. 770 of 2016. The applicant claimed the court failed to issue orders for eviction and demolition of the 2nd and 3rd defendants' structures on the suit land despite prayers in pleadings and submissions. After filing the application, the applicant never extracted a hearing notice from court, never served the application on the respondents, and applicant's counsel took no follow-up action.
Issues
- Whether the applicant prosecuted the application with due diligence and complied with procedural requirements for service and hearing.
Orders
- Application dismissed under section 17(2) of the Judicature Act.
- No order as to costs.
Legislation cited (4)
- Civil Procedure Act s.99
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.3
- Judicature Act s.17(2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.