Wakilii

Nabweteme Margret Nalong and 7 Others v Evangelical Truth Ministries International Church [2026] UGHCLD 113

High Court · 2026 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application by notice of motion in a pending civil suit seeking dismissal of the head suit for non-compliance with court directions; withdrawn by applicants' counsel
Decision
Application withdrawn by applicants' counsel, discontinued and struck off the court record; head suit HCCS No. 211 of 2020 continues

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The applicants sought dismissal of the head suit for the respondent's alleged failure to file an amended plaint within time and to produce evidence. The court record on ECCMIS showed the amended plaint had in fact been filed eleven days before the application was lodged, and the head suit had progressed with fresh directions. Applicants' counsel sought to withdraw the application. The court held that the application had been overtaken by events and, on the applicants' withdrawal, discontinued it and struck it off the record under section 98 of the Civil Procedure Act and Order 25 rules 1 and 2 of the Civil Procedure Rules. No order as to costs.

Outcome

Application withdrawn by applicants' counsel, discontinued and struck off the court record; head suit HCCS No. 211 of 2020 continues

Facts

The applicants, defendants in HCCS No. 211 of 2020 in the Land Division, brought an interlocutory application seeking dismissal of the head suit with costs. Their grounds, supported by the affidavit of an advocate from the firm formerly representing them, were that the respondent had been granted leave to amend its plaint on 2 March 2023 but had failed to file the amended plaint within the prescribed time and had failed to produce evidence or cause the attendance of its witnesses. The electronic court record on ECCMIS showed that the respondent had in fact filed the amended plaint on 20 March 2023, eleven days before the applicants filed the present application, and that the head suit had since progressed with further directions issued by court. At the hearing, counsel for the applicants indicated that they wished to withdraw the application.

Issues

  1. Whether the head suit should be dismissed for the respondent's alleged failure to comply with court directions to file an amended plaint and adduce evidence.
  2. What order the court should make where the applicants' counsel seeks to withdraw the application and the application has been overtaken by subsequent court directions.

Orders

  • The application is discontinued and struck off the Court's record.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Interlocutory Applications — Withdrawal and Discontinuance — Application Overtaken by Subsequent Court Directions
Where an interlocutory application has been overtaken by subsequent events in the head suit and the applicant's counsel seeks to withdraw it, the court may discontinue the application and strike it off the record under section 98 of the Civil Procedure Act and Order 25 rules 1 and 2 of the Civil Procedure Rules, without any order as to costs.
Civil Procedure — Dismissal for Non-Compliance — Reliance on the Electronic Court Record (ECCMIS)
An application to dismiss a suit for non-compliance with court directions cannot succeed where the electronic court record shows that the impugned pleading was filed before the application was lodged and the suit has since progressed on fresh directions.

Legislation cited (4)

Full judgment

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Nabweteme Margret Nalong and 7 Others v Evangelical Truth Ministries International Church [2026] UGHCLD 113 (13 April 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.