Luzinda and 2 Others v Kizito (Civil Suit No. 388 of 2016)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court dismissed the defendant's counterclaim for want of prosecution after the defendant failed for over two years to take further action, including failing to carry out a court-ordered survey of the suit land within the directed timeframe.
Outcome
Main suit previously dismissed on 20 January 2020 for failure to prosecute; counterclaim now dismissed for same reason
Facts
The suit was filed on 29 June 2016. On 20 January 2020, the main suit was dismissed for the plaintiffs' failure to take further action toward prosecution. The matter was scheduled to proceed with hearing of the defendant's counterclaim. On 23 October 2020, the defendant/counterclaimant was directed to carry out a survey on the suit land within 30 days but failed to do so. The matter was cause-listed for 11 January 2021 and subsequently for 17 March 2023. For more than two years, no further action was taken to follow up the counterclaim. On 17 March 2023, neither party nor their counsel appeared.
Orders
- Counterclaim dismissed for want of prosecution.
- No order as to costs.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.