Wakilii

Kibaale District Local Goverment v Kakumiro Drivers Agency (Miscellaneous Application No. 35 of 2022)

High Court · [2022] UGHCLD 113 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Miscellaneous application arising from Civil Appeal No. 43 of 2016, dismissed for want of prosecution due to applicant's failure to appear.
Decision
Application dismissed 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 the miscellaneous application for want of prosecution under Order 17 rule 5 of the Civil Procedure Rules. The applicant filed the application in 2017 but failed to appear for hearing after November 2019. The applicant's counsel appeared only in response to a separate application seeking dismissal of the underlying appeal, showing no interest in prosecuting the instant application.

Outcome

Application dismissed for want of prosecution

Facts

The applicant filed Miscellaneous Application No. 35B of 2017 on 25 May 2017, arising from Civil Appeal No. 43 of 2016. The application was fixed for hearing on 13 March 2018 and adjourned to 29 November 2019. After that date, neither party appeared to proceed with the application. Counsel for the applicant, Mr. Kamugisha Vincent, appeared in court only in response to a separate application (H.C.M.A. No. 93 of 2021) seeking dismissal of the underlying civil appeal. In that separate application, which the applicant had filed, neither the applicant nor its advocate appeared for hearing, and it was dismissed for want of prosecution with costs. Counsel made no mention of the instant application and showed no interest in prosecuting it, only alluding to it briefly in submissions in the appeal.

Issues

  1. Whether the application should be dismissed for want of prosecution where the applicant and its advocate failed to appear for hearing despite multiple adjournments.

Orders

  • Miscellaneous Application No. 35B of 2017 dismissed for want of prosecution under Order 17 rule 5 of the Civil Procedure Rules (as amended).

Rules and key headnotes

Civil Procedure — Dismissal for Want of Prosecution — Failure to Appear
Where an applicant files an application but fails to appear for hearing after multiple adjournments and shows no interest in prosecuting the matter, the court is entitled to dismiss the application for want of prosecution under Order 17 rule 5 of the Civil Procedure Rules.

Legislation cited (1)

  • Civil Procedure Rules O.17 r.5

Full judgment

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

Kibaale_District_Local_Goverment_v_Kakumiro_Drivers_Agency_(Miscellaneous_Application_No._35_of_2022)_[2022]_UGHCLD_113_(7_April_2022)
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.