Gartrude Namakula and Others v Festo Lukwago and Others [2026] UGHCLD 107

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The plaintiffs, administrators of an estate, sued in the Land Division but no step was taken by either party to progress the suit after 9 August 2023. The court held that where a party allows a suit to remain dormant without taking any action to prosecute it, the court may dismiss the suit for want of prosecution under Order 17 rule 6 of the Civil Procedure Rules and section 17(2) of the Judicature Act. The suit was accordingly dismissed for want of prosecution. No order as to costs was recorded and the court made no findings on the merits of the land dispute.

Outcome

Civil Suit No. 298 of 2022 dismissed for want of prosecution; no determination on the merits

Facts

The plaintiffs, as administrators of the estate of the late Kalubi Erinest, filed Civil Suit No. 298 of 2022 in the Land Division against twelve defendants, including administrators of the estate of the late Adam Mugalasi, a firm of advocates and the Commissioner Land Registration. After 9 August 2023 neither the plaintiffs nor the defendants took any step to move the case forward. The court, noting the inactivity, dismissed the suit for want of prosecution. The ruling records no facts concerning the underlying land dispute.

Issues

1. Whether the suit should be dismissed for want of prosecution where no step had been taken by either party to progress the case.

Orders

• Suit dismissed for want of prosecution under O.17 r.6 of the Civil Procedure Rules and s.17(2) of the Judicature Act.

Rules and key headnotes

Legislation cited (2)

• Civil Procedure Rules O.17 r.6
• Judicature Act s.17(2)

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