Nakawuka Prossy v Kyambadde Samadu (Miscellaneous Application No. 262 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application to reopen suit and recall witnesses dismissed for want of prosecution. No affidavit of service on record and no follow-up since the hearing date of 8 April 2024. Court exercised discretion under Judicature Act section 17(2) to dismiss with no order as to costs.
Outcome
Application dismissed for want of prosecution
Facts
The applicant sought orders to reopen the respondent's suit and recall two witnesses for cross-examination in Civil Suit No. 384 of 2021. Court set a hearing date of 8 April 2024 at 9:30am. No affidavit of service appeared on record and there was no follow-up of the application after the scheduled hearing date.
Issues
- Whether the application should be dismissed for want of prosecution
Orders
- Application dismissed.
- No order as to costs.
Legislation cited (5)
- Civil Procedure Act s.98
- Civil Procedure Rules O.18 r.3
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.3
- Judicature Act s.17(2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.