Godfrey Nyakana and Another v Gab Holdings Ltd (Miscellaneous Application 856 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed an application for extension of time to furnish security for due performance of a decree under section 17(2) of the Judicature Act. The applicants had taken no steps to prosecute their application since filing in April 2024, and the matter had become case backlog exceeding two years in the system. The court found no reason to extend the period further.
Outcome
Application dismissed for failure to prosecute
Facts
The applicants filed a Notice of Motion on 8 April 2024 seeking an extension of time to furnish security for due performance of a decree in the sum of UGX 25,000,000. The application arose from Miscellaneous Application No. 3618 of 2023, which itself arose from Civil Suit No. 593 of 2013. After filing, the applicants took no further steps to prosecute their application. The matter remained in the system for more than two years, constituting case backlog.
Issues
- Whether the court should extend time for the applicants to furnish security for due performance of the decree equivalent to UGX 25,000,000
Orders
- Application dismissed under Section 17(2) of the Judicature Act.
- No orders as to costs.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.