Wakilii

Interlink Educational Services U Ltd v Sewaya Abdul and Others (Civil Suit 232 of 2022)

High Court · [2025] UGHC 1044 · 2025 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of money paid for allegedly fraudulent land sale, dismissed for want of prosecution
Decision
Suit dismissed for want of prosecution

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the suit for want of prosecution under Order 17 rule 6 of the Civil Procedure Rules. The plaintiff failed to appear when the suit was called for hearing and had not prosecuted the suit for over two years since it last came up in 2020.

Outcome

Suit dismissed for want of prosecution

Facts

The plaintiff filed suit in November 2014 seeking recovery of UGX 195,000,000 allegedly paid for land comprised in Busiro Block 220, plot 64 at Gimbo, claiming the defendants fraudulently misrepresented and sold the land. A Joint Scheduling Memorandum was filed between the plaintiff and the 14th defendant in February 2021. Of all defendants, only the 14th defendant filed a defence. The matter last came up for hearing in 2020. When called for hearing on 25 September 2025, only counsel for the 14th defendant appeared. The plaintiff did not appear.

Issues

  1. Whether the suit should be dismissed for want of prosecution under Order 17 rule 6 of the Civil Procedure Rules where no step has been taken for over two years.
  2. Whether the suit should be dismissed under Order 9 rule 22 where the plaintiff fails to appear when the suit is called for hearing.

Orders

  • Suit dismissed for want of prosecution.

Rules and key headnotes

Civil Procedure — Dismissal for Want of Prosecution — Order 17 rule 6 CPR
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 for want of prosecution under Order 17 rule 6 of the Civil Procedure Rules.
Civil Procedure — Non-Appearance of Plaintiff — Order 9 rule 22 CPR
Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the court shall make an order that the suit be dismissed under Order 9 rule 22 of the Civil Procedure Rules.

Legislation cited (3)

Full judgment

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Interlink Educational Services U Ltd v Sewaya Abdul and Others (Civil Suit 232 of 2022) [2025] UGHC 1044 (25 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.