Kokooza Haruna v Nabutanda Farida and Another [2026] UGHCLD 143
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The appellant filed a memorandum of appeal in May 2023 against a magistrate's judgment delivered in November 2021 but thereafter took no steps to prosecute the appeal. The High Court (Land Division), acting under section 17(2) of the Judicature Act, held that an appeal that has remained inactive on the record for more than three years constitutes case backlog and that there was no reason to extend time any further. The appeal was accordingly dismissed, with no order as to costs.
Outcome
Appeal dismissed for want of prosecution; judgment of the Chief Magistrate's Court at Mengo stands
Facts
The appellant filed a memorandum of appeal on 19 May 2023 challenging the judgment and orders of His Worship Matovu Hood, Magistrate Grade 1, delivered on 10 November 2021 at the Chief Magistrate's Court of Kampala at Mengo in Civil Suit No. 016 of 2020. On perusal of the record, the court found that the appellant had taken no steps to prosecute the appeal since filing. The matter had remained in the system for more than three years and was treated as case backlog.
Issues
- Whether an appeal in which the appellant has taken no steps to prosecute for over three years should be dismissed.
Orders
- Appeal dismissed under section 17(2) of the Judicature Act.
- No orders as to costs.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.