Kiwanuka James v Ruth Ddembe (Misc. Application No. 2848 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application for stay of execution dismissed under Judicature Act s.17(2) for failure to prosecute. The applicant sought to stay execution pending disposal of a Court of Appeal application but took no serious steps to prosecute the application over 16 months.
Outcome
Application dismissed for want of prosecution
Facts
The applicant filed a Notice of Motion on 25 October 2024 seeking to stay execution under Execution Application No. 0144 of 2024 pending disposal of Court of Appeal Civil Application No. 281 of 2024. The application arose from a chain of proceedings originating in Civil Suit No. 22 of 2015. The court found that the applicant had not taken any serious steps to prosecute the application over a period of 16 months.
Issues
- Whether the application should be dismissed for want of prosecution
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.