Batambuze Moses v Bukenya Fred (Civil Appeal No. 18 of 2018)

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

The High Court dismissed the appeal for want of prosecution under Order 43 Rule 31 of the Civil Procedure Rules due to undue delay in the hearing of the appeal. The appeal had been filed in March 2018 but remained unheard until dismissal in August 2023. No order as to costs was made.

Outcome

Appeal dismissed for want of prosecution due to undue delay

Facts

The appellant appealed against a judgment of the Chief Magistrate's Court of Nabweru in Civil Suit No. 168 of 2007. The appeal was filed on 7th March 2018 through a Memorandum of Appeal raising six grounds challenging findings of trespass, damages awarded, denial of fair hearing, conduct of locus visit, and disregard of an agreement. The appeal remained pending without hearing for over five years. On 22nd August 2023, Lady Justice Immaculate Busingye dismissed the appeal for want of prosecution under Order 43 Rule 31 of the Civil Procedure Rules, which permits dismissal where there has been undue delay in hearing an appeal.

Issues

1. Whether the appeal should be dismissed for want of prosecution due to undue delay in prosecution.

Orders

• Appeal dismissed for want of prosecution.
• No order as to costs.

Rules and key headnotes

Legislation cited (1)

• Civil Procedure Rules SI 71-1 Order 43 Rule 31

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