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.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Application under section 99 of the Civil Procedure Act seeking review of judgment for alleged oversight in omitting eviction and demolition orders dismissed under section 17(2) of the Judicature Act. Applicant failed to extract hearing notice, failed to serve respondents, and failed to follow up. No order as to costs.

Outcome

Application dismissed for want of prosecution

Facts

The applicant brought an application under section 99 of the Civil Procedure Act and Order 52 rules 1 and 3 of the Civil Procedure Rules, arising from Civil Suit No. 770 of 2016. The applicant sought orders finding that there was an oversight, mistake or omission where the court ignored to issue orders of eviction and demolition of the 2nd and 3rd defendants' structures on the suit land, despite the applicant having prayed for the same in her pleadings and submissions and the court having concluded as much in its adjudication. The applicant filed the application but never extracted any hearing notice from court. The application was never served on the respondents and there was no follow up by the applicant's counsel.

Issues

1. Whether the application should be dismissed for failure to extract hearing notice and serve respondents

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)

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