Lwamba Sulaiman Vvumya v Mukibi Swaibu and Others (Miscellaneous Application 1641 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application for interim stay of execution dismissed under Judicature Act s.17(2) for want of prosecution. The applicant failed to take serious steps to prosecute the application despite respondents filing a reply. The matter constituted case backlog having been in the system for more than three years without progress.
Outcome
Application dismissed for want of prosecution
Facts
The applicant filed a notice of motion on 21 September 2022 seeking an interim order to stay execution of the judgment and decree in Civil Suit No. 042 of 2010 from Wakiso Chief Magistrates Court, pending final disposal of the main application for stay of execution. The respondents filed an affidavit in reply. However, the applicant failed to take any serious steps to prosecute the application by having it fixed for hearing. The matter remained in the system for more than three years, constituting case backlog.
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.