Kigongo Godfrey v Commissioner Land Registration (Miscellaneous Cause No. 402 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed an application for transfer of land ownership under Order 17 Rule 6(1) of the Civil Procedure Rules and section 98 of the Civil Procedure Act for want of prosecution, where the applicant filed the suit in December 2023 but took no further steps to validate or prosecute the application for over two years.
Outcome
Application dismissed for want of prosecution
Facts
The applicant filed a notice of motion on 12 December 2023 seeking orders for transfer and change of ownership of land comprised in plot 365, block 157 in Kyadondo to his name. After filing the suit, the applicant took no further steps to validate the application or prosecute the matter. More than two years elapsed without any action by the applicant to proceed with the suit.
Issues
- Whether the application should be dismissed for want of prosecution where the applicant took no steps for over two years after filing.
Orders
- Application dismissed under Order 17 Rule 6(1) of the Civil Procedure Rules SI 71-1 and Section 98 of the Civil Procedure Act Cap 282 for non-action by the Applicant for over two years.
- No order as to costs.
Rules and key headnotes
Legislation cited (4)
Cases cited (1)
- Nilani v Patel & others (1969) EA 340
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.