Jotham Kibuuka Lwabidondo and Another v Administrator General (Miscellaneous Application 1264 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application dismissed for want of prosecution. The applicants sought to set aside the dismissal of their civil suit and have it reinstated for hearing on merits. The court found that the applicants had not taken serious steps to prosecute their application in the nearly two years it had been in the system, and dismissed the application under section 17(2) of the Judicature Act with no order as to costs.
Outcome
Application dismissed for want of prosecution
Facts
The applicants filed a Notice of Motion on 20 May 2024 seeking to set aside the dismissal of HCCS No. 507 of 2012 and have the suit reinstated and heard on merits. The underlying civil suit had been dismissed. The application remained in the court system for close to two years. The court found that the applicants had not taken any serious steps to prosecute their application during this period.
Issues
- Whether the dismissal of HCCS No. 507 of 2012 should be set aside and the suit reinstated for hearing on merits.
Orders
- Application dismissed under Section 17(2) of the Judicature Act.
- No order as to costs.
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.