Wakilii

Lwanga Eliphaz and Another v Namakula Betty (Deceased) and Another (Civil Suit No. 169 of 2023)

High Court · [2026] UGHC 237 · 2026 Suit Dismissed for Want of Prosecution AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit concerning land, dismissed for want of prosecution following death of 1st Defendant and failure to substitute
Decision
Suit dismissed for want of prosecution without prejudice to revival

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where a necessary party dies during proceedings and the court grants time for substitution, prolonged failure by the plaintiff to take any steps to bring a legal representative on record constitutes want of prosecution. The suit was dismissed under Order 17 rule 6 of the Civil Procedure Rules without prejudice to revival upon sufficient cause shown.

Outcome

Suit dismissed for want of prosecution without prejudice to revival

Facts

The Plaintiffs instituted a suit in 2023 concerning land in which the 1st Defendant, Namakula Betty, was the registered proprietor and a necessary party. The 2nd Defendant, the Commissioner for Land Registration, did not file a defence. On 19th May 2025, counsel informed the court that the 1st Defendant had died and that the family was in the process of effecting substitution. The court adjourned to 2nd October 2025 to allow necessary steps to be taken. No application for substitution was filed, no legal representative was brought on record, and no explanation was offered for the inaction. On 25th November 2025, the Plaintiffs' counsel wrote requesting closure of the file.

Issues

  1. Whether the suit should be withdrawn or dismissed for want of prosecution following prolonged failure to regularise proceedings after the death of a necessary party

Orders

  • Death of 1st Defendant Namakula Betty disclosed on 19th May 2025 noted, and time granted for regularisation noted.
  • No application for substitution or other step taken since disclosure noted, and no explanation offered for prolonged inaction.
  • 1st Defendant being a necessary party, suit remained dormant by reason of Plaintiffs' default.
  • Suit dismissed for want of prosecution under Order 17 rule 6 of the Civil Procedure Rules.
  • Dismissal without prejudice to right of any party to apply for revival upon sufficient cause shown.
  • Each party to bear its own costs.

Rules and key headnotes

Civil Procedure — Death of Party — Substitution — Failure to Prosecute
Where a necessary party dies during proceedings and the court grants time specifically to enable regularisation through substitution, prolonged failure by the party prosecuting the claim to file an application for substitution or bring a legal representative on record, without explanation, constitutes want of prosecution justifying dismissal under Order 17 rule 6 of the Civil Procedure Rules.
Civil Procedure — Dismissal for Want of Prosecution — Necessary Party
Where a party is a necessary party to effective adjudication, the suit cannot progress in their absence and without lawful representation of their estate. The responsibility to move the court to regularise representation lies on the party seeking to prosecute the claim.
Civil Procedure — Dismissal Without Prejudice — Revival of Suit
A dismissal for want of prosecution may be made without prejudice to the right of any party to apply for revival of the suit upon sufficient cause being shown in accordance with law.

Legislation cited (1)

Full judgment

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Lwanga Eliphaz and Another v Namakula Betty (Deceased) and Another (Civil Suit No. 169 of 2023) [2026] UGHC 237 (19 February 2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.