Wakilii

Estate of the Late Godfrey Kitto v Robinah Namutebi Miiro [2026] UGHCLD 14

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by chamber summons to reject and strike out the plaint in Civil Suit No. 526 of 2016 for non-disclosure of a cause of action
Decision
Application dismissed for want of prosecution; no order as to costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An application filed on ECCMIS in June 2024 to strike out a plaint for non-disclosure of a cause of action was never served on the respondent and no further steps were taken by the applicant. The court held that the applicant had failed to take the necessary steps at his disposal to have the application determined, and invoked its inherent power under section 98 of the Civil Procedure Act and its statutory power under section 17(2)(a) of the Judicature Act to curtail delay and prevent abuse of process. The application was dismissed for want of prosecution, with no order as to costs.

Outcome

Application dismissed for want of prosecution; no order as to costs

Facts

The applicant, the estate of the late Godfrey Kitto, filed a chamber summons on ECCMIS on 11 June 2024 seeking orders that the plaint in Civil Suit No. 526 of 2016 be rejected and struck out for non-disclosure of a cause of action. After filing, the applicant took no further step to prosecute the application, and the application was never served on the respondent, the administratrix of the estate of the late Mubiru Kizito J. Bosco. The matter came before the court which considered its powers to curtail delay and prevent abuse of process.

Issues

  1. Whether the application to reject and strike out the plaint should be dismissed for want of prosecution where the applicant took no steps after filing and did not serve the respondent.

Orders

  • The Application is dismissed under Section 17(2)(a) of the Judicature Act Cap 16 and Section 98 of the Civil Procedure Act Cap 282 for want of prosecution.
  • There is no order for costs.

Rules and key headnotes

Civil Procedure — Dismissal for Want of Prosecution — Inherent Power to Curtail Delay and Prevent Abuse of Process
Where an applicant files an application but takes no further step to have it determined and fails to serve it on the respondent, the court may dismiss the application for want of prosecution in exercise of its inherent power under section 98 of the Civil Procedure Act and its power under section 17(2)(a) of the Judicature Act to curtail delay and prevent abuse of the process of the court.

Legislation cited (4)

Full judgment

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

Estate of the Late Godfrey Kitto v Robinah Namutebi Miiro [2026] UGHCLD 14 (29 January 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.