Lule Fredrick William v Bwizera Caroline and Others (Civil Suit No. 132 of 2017)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed the suit under Order 17 Rule 6(1) of the Civil Procedure Rules and section 98 of the Civil Procedure Act for the plaintiff's failure to take any action for over two years since filing scheduling notes in February 2023. No order as to costs was made.
Outcome
Suit dismissed for want of prosecution
Facts
The plaintiff instituted the suit by plaint on 2 March 2017. The last action taken by the plaintiff was filing scheduling notes on 10 February 2023. No further steps were taken by the plaintiff for over two years thereafter. The court considered the plaintiff's inaction in light of Order 17 Rule 6(1) of the Civil Procedure Rules, which permits dismissal where no application or step is taken for two years, and section 98 of the Civil Procedure Act concerning the court's inherent powers.
Issues
- Whether the suit should be dismissed for want of prosecution where the plaintiff took no action for over two years.
Orders
- Case 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 Plaintiff for over two years.
- No order for costs.
Legislation cited (2)
Cases cited (1)
- Nilani v Patel and Others (1969) EA 340
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.