Wakilii

Namubiru Caroline and Another v Muwanga Alex Boaz and Others [2026] UGHCLD 74

High Court · 2026 Suit Dismissed for Want of Prosecution AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declarations of bona fide occupancy, trespass and damages; court ruling on its own motion on dismissal for want of prosecution
Decision
Suit dismissed for want of prosecution with no order as to costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where a plaintiff files a plaint and thereafter takes no application or step with a view to proceeding with the suit for a period of two years, the court may dismiss the suit under Order 17 rule 6(1) of the Civil Procedure Rules, read with its inherent power under section 98 of the Civil Procedure Act. The plaintiffs filed an unsigned and undated plaint on ECCMIS on 1 November 2023 and took no further step. The court held that a litigant seeking a remedy must take all necessary steps at his disposal to secure expeditious determination of the claim. The suit was dismissed for want of prosecution, with no order as to costs.

Outcome

Suit dismissed for want of prosecution with no order as to costs

Facts

The plaintiffs filed a plaint on ECCMIS on 1 November 2023 seeking declarations that they were lawful or bona fide occupants of a kibanja at Namavundu, Kasangati Town Council, Wakiso District, on land comprised in Kyadondo Block 185 (formerly Plot 1131, later plots 12436, 12437 and 12438, now 13022, 13023 and 13024), measuring about two acres valued at UGX 200,000,000. They also sought declarations that the defendants were trespassers and that their eviction of the plaintiffs was illegal, special damages of UGX 74,110,400 for property destroyed during the eviction, a permanent injunction, general and exemplary damages, interest and costs. The court noted that the plaint was neither dated nor signed by counsel, and that the accompanying summons to file a defence and summary of evidence were likewise unsigned. After filing, the plaintiffs filed no further pleadings or documents and took no step to prosecute the suit.

Issues

  1. Whether the suit should be dismissed for want of prosecution where the plaintiffs took no step to prosecute the suit for over two years after filing the plaint.

Orders

  • The suit is dismissed for want of prosecution under Order 17, Rule 6(1) of the Civil Procedure Rules SI 71-1 and Section 98 of the Civil Procedure Act Cap 282.
  • There is no order as to costs.

Rules and key headnotes

Civil Procedure — Dismissal for Want of Prosecution — Order 17 rule 6(1) Civil Procedure Rules
Where no application is made or step taken by either party with a view to proceeding with a suit for a period of two years, the court may order the suit dismissed under Order 17 rule 6(1) of the Civil Procedure Rules, and may do so in exercise of its inherent power under section 98 of the Civil Procedure Act to prevent abuse of the process of court.
Civil Procedure — Duty of Litigant — Expeditious Prosecution of Claim
A plaintiff in pursuit of a remedy must take all necessary steps at his disposal to achieve an expeditious determination of the claim; the burden of moving the suit forward rests on the litigant and not on the court.

Legislation cited (2)

Cases cited (1)

  • Nilani Vs. Patel & others (1969) EA, 340, at page 341

Full judgment

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

Namubiru Caroline and Another v Muwanga Alex Boaz and Others [2026] UGHCLD 74 (30 March 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.