Nalubega Shadia v Hamiduh Seremba and Others [2025] UGHC 268

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court dismissed the suit under section 17(2)(a) of the Judicature Act for want of prosecution. The plaintiff filed the plaint in September 2023 but took no further steps to prosecute the suit, including failing to issue summons to file defence. Applying the three-part test from Allen v Sir Alfred McAlpine, the court found inordinate, inexcusable delay constituting abuse of court process.

Outcome

Suit dismissed for want of prosecution

Facts

The plaintiff alleged that on 21 December 2018, the first defendant sold property located in Busiro Block 379, Plot 1423 at Katale, Nalumunye, Wakiso District to the second and third defendants without her consent. The plaintiff sought a declaration that the land was family property and that the sale agreement was null and void. The plaint was filed on ECCMIS on 15 September 2023. No further action was taken by the plaintiff after filing. The plaintiff did not issue summons to file defence to the defendants as required by Order 5, Rules 1 and 2 of the Civil Procedure Rules.

Issues

1. Whether the suit should be dismissed for want of prosecution due to inordinate and inexcusable delay by the plaintiff.

Orders

• Suit dismissed under Section 17(2)(a) of the Judicature Act Cap 13.

Rules and key headnotes

Legislation cited (3)

• Judicature Act Cap 13 s.17(2)(a)
• Civil Procedure Rules SI 71-1 Order 5 Rule 1
• Civil Procedure Rules SI 71-1 Order 5 Rule 2

Cases cited (1)

• Allen v Sir Alfred McAlpine & Sons Ltd [1968] All ER 543

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