Nakazzi Robinah and Another v Kiggala Joseph Kalamera and Others (Civil Suit No. 1066 of 2021)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed the suit under Order 17 Rule 6(1) of the Civil Procedure Rules and section 98 of the Civil Procedure Act for inaction by the plaintiffs for over two years. No order as to costs was made.
Outcome
Suit dismissed for want of prosecution
Facts
The plaintiffs filed suit on 12 November 2021. The 5th defendant filed a defence on 6 December 2021. On 22 November 2022, parties were directed to file a joint scheduling memorandum and trial bundles, but neither complied. The last action on file was on 9 March 2023 when parties appeared before a registrar for mention. No further steps were taken by either party for over two years thereafter.
Issues
- Whether the suit should be dismissed for want of prosecution where no step has been taken by either party for over two years.
Orders
- Case dismissed under Order 17 Rule 6(1) of the Civil Procedure Rules SI 71-1 and Section 98 of the Civil Procedure Act Cap 282 for non-action by the Plaintiffs for over two years.
- No order as to costs.
Legislation cited (2)
Cases cited (1)
- Nilani v Patel and Others (1969) EA 340
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.