Wakilii

Nakate Deborah Kikaziki v Kapimpi Godfrey (Miscellaneous Application No. 1030 of 2022)

High Court · [2026] UGHCLD 192 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending appeal dismissed for want of prosecution
Decision
Application dismissed for want of prosecution

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

An application for stay of execution was dismissed for want of prosecution under section 17(2)(a) of the Judicature Act where the applicant filed a notice of motion but took no further action for nearly four years, failed to serve the respondent, and demonstrated no diligence in pursuing the remedy sought.

Outcome

Application dismissed for want of prosecution

Facts

The applicant filed a notice of motion on 14 June 2022 seeking an order to stay execution of the judgment and decree in HCCS No. 124 of 2014 pending disposal of an intended appeal. After filing the notice of motion, the applicant took no further action. There was no indication that the application was served on the respondent. The matter came before the court nearly four years later with no prosecution by the applicant.

Issues

  1. Whether the application should be dismissed for want of prosecution where the applicant took no further action after filing the notice of motion.

Orders

  • The suit is hereby dismissed under Section 17(2)(a) of the Judicature Act Cap 16 for want of prosecution.
  • There is no order for costs.

Rules and key headnotes

Civil Procedure — Want of Prosecution — Inherent Powers of Court — Dismissal for Delay
The High Court has inherent power under section 17(2)(a) of the Judicature Act to dismiss proceedings for want of prosecution where a party fails to take necessary steps to achieve expeditious determination of their claim.
Civil Procedure — Duty of Diligence — Plaintiff's Obligation to Prosecute
A plaintiff or applicant who is in pursuit of a remedy must take all necessary steps at their disposal to achieve an expeditious determination of their claim.

Legislation cited (1)

Cases cited (1)

  • Nilani v Patel & others (1969) EA 340

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Nakate Deborah Kikaziki v Kapimpi Godfrey (Miscellaneous Application No. 1030 of 2022) [2026] UGHCLD 192 (31 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.