Wakilii

Kabagesera v Kabatooro (HCT-01-CV-CS-LD 6 of 2021)

High Court · [2025] UGHC 134 · 2025 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit in the Land Division dismissed for want of prosecution
Decision
Suit dismissed for want of prosecution due to prolonged failure to comply with pre-trial directions

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where parties repeatedly fail to comply with court directives to file a joint scheduling memorandum and other pre-trial documents over a period exceeding three years, and attend court irregularly despite multiple adjournments, the court may exercise its discretion under Order 17 Rule 4 of the Civil Procedure Rules to dismiss the suit immediately for want of prosecution.

Outcome

Suit dismissed for want of prosecution due to prolonged failure to comply with pre-trial directions

Facts

The Plaintiffs filed suit on 16 March 2021. The 1st Defendant filed a Written Statement of Defence on 8 April 2021. After mediation lasting until March 2023, the court issued directions on 29 March 2023 for filing a Joint Scheduling Memorandum, Witness Statements, and Trial Bundles. The court renewed these schedules on three occasions (12 June 2023, 22 September 2023, and 22 April 2024). Despite multiple extensions, the parties never filed a Joint Scheduling Memorandum. The Plaintiffs belatedly filed Witness Statements on 22 April 2024 but failed to attend court thereafter. Both parties were absent on 8 November 2024 and 27 November 2024 despite the case being on a last adjournment. The 2nd Defendant was never properly served and did not participate.

Issues

  1. Whether the suit should be dismissed for want of prosecution due to repeated non-compliance with court directions.

Orders

  • Suit dismissed under Order 17 Rule 4 of the Civil Procedure Rules for want of prosecution.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Dismissal for Want of Prosecution — Non-compliance with Pre-trial Directions
Under Order 17 Rule 4 of the Civil Procedure Rules, where parties are granted time to perform acts necessary to the further progress of the suit but repeatedly fail to comply, the court has discretion to proceed to decide the suit immediately, including by dismissal for want of prosecution.
Civil Procedure — Joint Scheduling Memorandum — Consequences of Non-filing
While Order 17 Rule 5(1) requires a suit to abate where no step is taken for six months after the mandatory scheduling conference, this rule does not apply where the scheduling conference has not yet been held due to failure to file a Joint Scheduling Memorandum as required under Order 11A Rule 8.
Civil Procedure — Judicial Discretion — Dismissal for Want of Prosecution
The discretion under Order 17 Rule 4 of the Civil Procedure Rules to dismiss for want of prosecution must be exercised judiciously with due regard to the facts of the matter and the interests of administering substantive justice, considering the nature of the defaulted act and the conduct of the parties.

Legislation cited (3)

Cases cited (2)

  • Allen v Sir Alfred McAlpine & Sons Ltd (1968) All ER 543
  • Nilani v Patel and Others (1969) EA 340

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Kabagesera v Kabatooro (HCT-01-CV-CS-LD 6 of 2021) [2025] UGHC 134 (28 February 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.