Esther Bua and Another v John Dramuke Zaa (Civil Appeal 38 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
High Court dismissed a civil appeal for want of prosecution where appellants failed to file record of appeal and submissions despite court directions issued on 17 April 2026 with clear deadlines. The court noted no action had been taken to prosecute the appeal since filing the memorandum on 20 May 2022, and settlement talks had failed. Order made under Order 43 Rule 31(2) of the Civil Procedure Rules and Section 98 of the Civil Procedure Act, with costs awarded to the respondent.
Outcome
Appeal dismissed for want of prosecution with costs to the respondent
Facts
Appellants filed memorandum of appeal on 20 May 2022 challenging the judgment of the Chief Magistrates' Court delivered on 25 March 2022. No action was taken to prosecute the appeal for nearly four years. Parties and advocates appeared in court, with appellants' counsel repeatedly informing the court of out-of-court settlement proposals. Settlement talks failed and matter was cause listed for weeding out on 3 March 2026. On 17 April 2026, court issued directions via email requiring appellants to file record of appeal and submissions by 11 May 2026, respondent to file submissions by 22 May 2026, and any rejoinder by 29 May 2026. Court record contained neither record of appeal nor any submissions.
Issues
- Whether the appeal should be dismissed for want of prosecution following the appellants' failure to file record of appeal and submissions despite court directions
Orders
- Appeal dismissed for want of prosecution.
- Costs awarded to the respondent.
Legislation cited (2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.