Najjuuka Teopista Kayongo and Others v Dennis Nikajja and Others (Civil Suit No. 321 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court Land Division dismissed the plaintiffs' suit for eviction and trespass under Order 5 rule 1(3)(a)(b) of the Civil Procedure Rules and Section 17(2) of the Judicature Act. The plaintiffs failed to file proof of service on the remaining defendants after the 1st and 3rd defendants filed their defence, failed to apply for renewal of summons, and took no serious steps to prosecute the case. No order as to costs was made.
Outcome
Suit dismissed for want of prosecution
Facts
The plaintiffs instituted a suit on 4 April 2024 seeking eviction from land, general damages for trespass, and costs. Fresh summons were applied for on 1 July 2024 and issued on 11 July 2024. The 1st and 3rd defendants filed a joint written statement of defence on 6 August 2024. Thereafter, the plaintiffs failed to file an affidavit of service upon the remaining defendants, failed to apply for renewal of summons, and took no serious steps to prosecute their case.
Issues
- Whether the suit should be dismissed for failure to prosecute
Orders
- Suit dismissed under Order 5 rule 1(3)(a)(b) of the Civil Procedure Rules and Section 17(2) of the Judicature Act.
- No order as to costs.
Legislation cited (2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.