Wakilii

Nakabugo Hellen and Others v Kigongo Ssennengo and Others [2026] UGHCLD 178

High Court · 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 in the Land Division listed for hearing; ruling on non-appearance of the parties
Decision
Civil Suit No. 115 of 2017 dismissed for want of prosecution

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Neither the plaintiffs nor the defendants appeared on a hearing date duly communicated through ECCMIS, and no reason was advanced for their non-attendance. The court noted that no step had been taken by either party to move the suit forward since 28 October 2021. Invoking section 98 of the Civil Procedure Act, section 33 of the Judicature Act and Order 17 rule 6 of the Civil Procedure Rules, the court dismissed the suit for want of prosecution. No order as to costs was recorded and no substantive land issues were determined.

Outcome

Civil Suit No. 115 of 2017 dismissed for want of prosecution

Facts

The plaintiffs filed a civil suit in the Land Division against twelve defendants in 2017. The matter was fixed for hearing on 5 May 2026 and the date was communicated to the parties through the Electronic Court Case Management Information System (ECCMIS). On the appointed date none of the parties appeared and no explanation for their absence was given to the court. On perusing the record, the court found that neither side had taken any step towards prosecuting or defending the suit since 28 October 2021.

Issues

  1. Whether the suit should be dismissed for want of prosecution where neither party appeared on the hearing date and no step had been taken in the case for several years.

Orders

  • Suit dismissed for want of prosecution under s.98 of the Civil Procedure Act, s.33 of the Judicature Act and O.17 r.6 of the Civil Procedure Rules.

Rules and key headnotes

Civil Procedure — Dismissal for Want of Prosecution — Non-appearance of Parties and Prolonged Inaction
Where neither party appears on a hearing date duly communicated to them and the record shows that no step has been taken to advance the suit for a prolonged period, the court may dismiss the suit for want of prosecution under Order 17 rule 6 of the Civil Procedure Rules, read with the inherent powers conferred by section 98 of the Civil Procedure Act and section 33 of the Judicature Act.

Legislation cited (3)

Full judgment

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Nakabugo Hellen and Others v Kigongo Ssennengo and Others [2026] UGHCLD 178 (5 May 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.