Ipiot Dorcas and Another v Asekenye Caroline Juliet and Others (Civil Suit 1011 of 2021)
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 9 rule 22 of the Civil Procedure Rules. The plaintiffs failed to attend court without explanation after multiple adjournments at their instance. The court awarded costs to the defendants.
Outcome
Suit dismissed for want of prosecution
Facts
The plaintiffs had previously filed HCCS No. 1071 of 2019 which was dismissed for want of prosecution. They instituted the present suit in 2021. The matter was adjourned several times at the instance of the plaintiffs. On the hearing date, neither the plaintiffs nor their advocates appeared in court, and no reason was given for their non-attendance. The defendants' counsel applied for dismissal.
Issues
- Whether the suit should be dismissed for want of prosecution given the plaintiffs' non-attendance and history of adjournments
Orders
- Suit dismissed for want of prosecution under O.9 r.22.
- Costs awarded to the defendants.
Legislation cited (1)
- Civil Procedure Rules O.9 r.22
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.