Wakilii

Nakawuka Prossy v Kyambadde Samadu (Miscellaneous Application No. 262 of 2024)

High Court · [2025] UGHCLD 256 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to reopen case and recall witnesses for cross-examination arising from civil suit
Decision
Application dismissed for want of prosecution

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application seeking to reopen suit and recall witnesses for cross-examination dismissed with no order as to costs under Judicature Act section 17(2). Court found no affidavit of service on record and no follow-up by applicant since the scheduled hearing date of 8 April 2024, constituting want of prosecution.

Outcome

Application dismissed for want of prosecution

Facts

The applicant brought a miscellaneous application arising from Civil Suit No. 384 of 2021, seeking orders to reopen the respondent's suit and recall two plaintiff's witnesses (Musoke Rukia and Opio Irene Wengi) for cross-examination. Court gave a hearing date of 8 April 2024 at 9.30am. There was no affidavit of service on record. The applicant did not follow up on the application after the scheduled hearing date.

Issues

  1. Whether the application should be dismissed for want of prosecution

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Miscellaneous Applications — Dismissal for Want of Prosecution — Absence of Affidavit of Service and Failure to Follow Up
Where an applicant fails to file an affidavit of service and does not follow up on an application after the scheduled hearing date, the court may dismiss the application for want of prosecution under section 17(2) of the Judicature Act.

Legislation cited (5)

Full judgment

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

Nakawuka_Prossy_v_Kyambadde_Samadu_(Miscellaneous_Application_No._262_of_2024)_[2025]_UGHCLD_256_(28_January_2025)
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.