Kimbowa Stanely v Kampala Capital City Authority and Another (Miscellaneous Cause 2 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application dismissed for want of prosecution under Judicature Act s.17(2). The applicant sought judicial review of the Commissioner Land Registration's decision to cancel his certificate of title on grounds that the title was issued without approval of KCCA's physical planning committee. After the first respondent filed a reply, the applicant took no further steps to prosecute the application for close to three years.
Outcome
Application dismissed for want of prosecution
Facts
The applicant filed a Notice of Motion on 30 June 2023 seeking orders declaring that the second respondent's decision to cancel his certificate of title for land comprised in FRV KCCA 551 Folio 5, Plot 14A, Luthuli Lane County Kibuga at Kampala was manifestly unfair, illegal, incurably invalid and void. The cancellation was based on allegations that the title was issued without approval of the physical planning committee of the first respondent. The first respondent filed an affidavit in reply on 2 August 2023. Thereafter, the applicant took no further steps to prosecute the application for close to three years, resulting in case backlog.
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.