Wakilii

David Yiga v Jimmy Mukalazi (Civil Suit No. 250 of 2013; EMA No. 0128 of 2024; Miscellaneous Application No. 2241 2025)

High Court · [2026] UGHCLD 109 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Miscellaneous application arising from execution proceedings, which in turn arose from Civil Suit No. 250 of 2013
Decision
Application dismissed as improper before court due to prior dismissal of similar application

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court dismissed the application under Order 9 rule 23 of the Civil Procedure Rules. The applicant had previously filed a similar application (MA 2332/2024) which was dismissed on 10 April 2025 under Order 9 rule 22. Order 9 rule 23 precludes an applicant from bringing a fresh suit after dismissal under rule 22, rendering the present application improper.

Outcome

Application dismissed as improper before court due to prior dismissal of similar application

Facts

The applicant filed Miscellaneous Application No. 2241/2025 arising from execution proceedings (EMA No. 0128 of 2024), which themselves arose from Civil Suit No. 250 of 2013. The applicant had previously filed a similar application, MA 2332/2024, which was dismissed on 10 April 2025 under Order 9 rule 22 of the Civil Procedure Rules. At the hearing, counsel for the applicant noted that the application had not been signed by the Registrar, but sought to proceed since counsel for the respondent was present. The respondent had not yet filed a reply.

Issues

  1. Whether the applicant is precluded from bringing a fresh application after a similar application was dismissed under Order 9 rule 22 of the Civil Procedure Rules.

Orders

  • Application dismissed under Order 9 rule 23 of the Civil Procedure Rules.
  • No orders as to costs.

Legislation cited (2)

  • Civil Procedure Rules O.9 r.22
  • Civil Procedure Rules O.9 r.23

Full judgment

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

David_Yiga_v_Jimmy_Mukalazi_(Civil_Suit_No._250_of_2013;_EMA_No._0128_of_2024;_Miscellaneous_Application_No._2241_2025)_[2026]_UGHCLD_109_(19_March_2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.