Wakilii

Hajji Tuma Goobi and Another v Musisi Ali and Others (Miscellaneous Application 107 of 2024)

High Court · [2025] UGHC 1043 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to dismiss underlying civil suit as frivolous and vexatious
Decision
Application dismissed for want of prosecution due to non-appearance of parties and failure to prosecute for over two years

Observed later treatment

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Holding

Application dismissed for want of prosecution. Neither party appeared when the matter was called for hearing on 24 September 2025. The application had been filed in February 2021 and had not been prosecuted for over two years. Court applied Order 9 rule 17 and Order 17 rule 6 of the Civil Procedure Rules to dismiss the application.

Outcome

Application dismissed for want of prosecution due to non-appearance of parties and failure to prosecute for over two years

Facts

The applicants filed an application on 24 February 2021 seeking orders that the suit filed by the respondents in Civil Suit No. 1100 of 2019 be dismissed as frivolous, vexatious and an abuse of court process. When the application was called for hearing on 24 September 2025, neither party appeared in court. The application had not been prosecuted for over two years since filing.

Issues

  1. Whether the application should be dismissed where neither party appears at the hearing.
  2. Whether the application should be dismissed for want of prosecution having not been prosecuted for over two years.

Orders

  • Application dismissed for want of prosecution.

Rules and key headnotes

Civil Procedure — Dismissal for Want of Prosecution — Non-Appearance of Parties
Where neither party appears when a suit is called for hearing, the court may make an order that the suit be dismissed under Order 9 rule 17 of the Civil Procedure Rules.
Civil Procedure — Dismissal for Want of Prosecution — Failure to Prosecute for Two Years
Where no application is made in a suit or step taken for a period of two years by either party with a view of proceeding with the suit, the court may order the suit to be dismissed under Order 17 rule 6 of the Civil Procedure Rules.

Legislation cited (3)

Full judgment

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Hajji Tuma Goobi and Another v Musisi Ali and Others (Miscellaneous Application 107 of 2024) [2025] UGHC 1043 (24 September 2025)
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.