Interlink Educational Services U Ltd v Sewaya Abdul and Others (Civil Suit 232 of 2022)
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
- 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.
- 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
Legislation cited (3)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.