Jackson Kimbugwe v Nakazana Olivia and 2 Others [2026] UGHCLD 88
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
An application for leave to appeal out of time, alternatively for enlargement of time to appeal against a High Court judgment, was dismissed for want of prosecution. The application had been filed on the court's electronic case management system in September 2024 and, by the date of the ruling, the applicant had taken no steps to prosecute it. The court invoked its powers under section 17(2) of the Judicature Act, Cap 16, dismissing the application with no order as to costs. The court did not consider the merits of the proposed appeal or the reasons for the delay in appealing.
Outcome
Application for leave/extension of time to appeal dismissed for want of prosecution
Facts
The applicant sought leave to appeal out of time against the judgment and orders of Justice Yasin Nyanzi in High Court Civil Suit No. 2092 of 2016, or in the alternative an enlargement of time within which to appeal. The application was brought without citing any specific enabling law and was supported by the applicant's affidavit sworn on 25 September 2024. It was uploaded on the High Court Case Management Information System on 26 September 2024. As at the date of the ruling, no steps had been taken by the applicant to prosecute the application. The applicant was represented by Arinaitwe Law Advocates; no appearance or submissions by the respondents are recorded.
Issues
- Whether the applicant should be granted leave or an extension of time to appeal against the judgment in the underlying civil suit.
- Whether the application should be dismissed for want of prosecution where no steps had been taken to prosecute it since filing.
Orders
- Application dismissed for want of prosecution.
- No order 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.