Wakilii

Kampala International University Ltd v Tororo Cement ,Uganda Revenue Authority,Attorney General (Civil Application No. 0433 of 2006)

High Court · [2011] UGHC 23 · 2011 Suit Dismissed for Want of Prosecution AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to show cause why suit should not be dismissed for want of prosecution
Decision
Suit dismissed with costs for want of prosecution

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed a suit claiming UGX 2.1 billion in damages for want of prosecution under Order 17 rule 6(1) of the Civil Procedure Rules, where the plaintiff took no steps to advance the suit for over three years following withdrawal of an interim injunction application in September 2007. The court held that instructing new counsel on the morning of the show cause hearing did not constitute sufficient cause for the prolonged inaction.

Outcome

Suit dismissed with costs for want of prosecution

Facts

The plaintiff filed suit on 24 July 2006 claiming UGX 2.1 billion in damages relating to VAT payments of UGX 2,199,324,500 made by the government to Uganda Revenue Authority. On 6 August 2007, the plaintiff applied for an interim order restraining defendants from interfering with its business by blocking accounts or distressing properties. An interim order was granted by consent on 17 August 2007 blocking tax recovery proceedings pending hearing of the temporary injunction application. On 5 September 2007, the plaintiff withdrew the temporary injunction application and the interim order lapsed. The presiding judge recused himself from cases involving Kampala International University. From September 2007, no further steps were taken. The matter was fixed for a show cause hearing, at which the plaintiff's newly instructed counsel appeared and sought to file notice of change of advocates and fix the matter for hearing.

Issues

  1. Whether the suit should be dismissed for want of prosecution where no application or step had been taken for a period exceeding two years.

Orders

  • Suit dismissed for want of prosecution.
  • Costs awarded to the defendants.

Rules and key headnotes

Civil Procedure — Dismissal for Want of Prosecution — Order 17 rule 6(1) CPR — No Application or Step Taken Within Two Years
Where no application is made or step taken by either party for a period exceeding two years with a view to proceeding with a suit, the court may exercise its discretion under Order 17 rule 6(1) of the Civil Procedure Rules to dismiss the suit for want of prosecution.
Civil Procedure — Dismissal for Want of Prosecution — Sufficient Cause — Instruction of New Counsel
The instruction of new counsel on the morning of a show cause hearing does not constitute sufficient cause to excuse a plaintiff's failure to take any steps in prosecution of a suit for over three years, where the plaintiff seeking substantial damages should demonstrate serious interest in pursuing the claim.

Legislation cited (1)

Full judgment

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Kampala International University Ltd v Tororo Cement ,Uganda Revenue Authority,Attorney General (Civil Application No. 0433 of 2006) [2011] UGHC 23 (28 February 2011)
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.