Balikuddembe Kaweesa and Another v Administrator General and Others (Miscellaneous Application No. 1640 of 2021)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court dismissed the miscellaneous application under Order 17 Rule 6(1) of the Civil Procedure Rules and section 98 of the Civil Procedure Act for inaction by the applicants for over two years. The last step taken by the applicants was filing a letter on 30 June 2022 expressing intention to cross-examine. No order as to costs was made.
Outcome
Miscellaneous application dismissed for want of prosecution
Facts
The applicants instituted a suit against the respondents in 2021. The first respondent filed an affidavit in reply on 24 March 2022. On 30 June 2022, the applicants filed a letter through their lawyer expressing intention to cross-examine the second respondent. This was the last action taken by the applicants on the file. No further steps were taken by either party for over two years thereafter.
Issues
- Whether the suit should be dismissed for want of prosecution where no step was taken by the applicants 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 Applicants for over two years.
- No order for costs.
Legislation cited (2)
Cases cited (1)
- Nilani v Patel and Others (1969) EA 340
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.