Nabweteme Catherine and Others v Michael Musajjalumbwa Kitambwa Kitamirike and Others (Civil Suit No. 795 of 2021)
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 inaction by both parties for over two years since the file was forwarded for hearing. No order as to costs was made.
Outcome
Suit dismissed for want of prosecution
Facts
The plaintiffs filed suit on 10 September 2021. The second, third and fourth defendants filed written statements of defence. The plaintiffs filed a reply to the second defendant's written statement of defence. Summons for directions were signed off by the Registrar on 11 August 2022. The file was forwarded for hearing on 14 June 2023. Neither the plaintiffs nor the defendants took any action after 14 June 2023. No trial bundles were filed in preparation for hearing.
Issues
- Whether the suit should be dismissed for want of prosecution where no step has been taken by either party 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 Plaintiffs 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.