Bemanyisa Adonijah v Musoke Godfrey (Miscellaneous Application No. 1212 of 2022)
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 filed the application on 14 July 2022 but failed to serve the respondent, set down the matter for hearing, or apply for a hearing date.
Outcome
Application dismissed for want of prosecution
Facts
The applicant sought to set aside a dismissal order made against him on 20 June 2022 in Civil Suit No. 252 of 2018 and to have that suit reinstated along with an attendant injunction order issued in Miscellaneous Application No. 258 of 2018. The application was filed on 14 July 2022 by Bemanyisa and Co. Advocates. Following filing, there was no follow-up action by the applicant. The application was not served on the respondent and was not set down for hearing as no application for a hearing date was made.
Issues
- Whether the application should be dismissed for want of prosecution.
Orders
- Application dismissed under section 17(2) of the Judicature Act.
Rules and key headnotes
Legislation cited (7)
- Civil Procedure Act s.98
- Judicature Act s.33
- Judicature Act s.17(2)
- Civil Procedure Rules O.9 r.22
- Civil Procedure Rules O.9 r.23
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.2
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.