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Nannkinga Agnes and Another v Ssaku Cedric and Another [2026] UGHCLD 124

High Court · 2026 Suit Dismissed for Want of Prosecution AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Court's own-motion dismissal order in a first instance civil suit for a declaration of ownership of a kibanja, on account of the plaintiffs' failure to prosecute
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

The plaintiffs filed a suit seeking a declaration of ownership of a kibanja and, after filing an affidavit of service in November 2024, took no further step to prosecute the matter for over 18 months. The court held that there was no reason to retain such a dormant suit on the record and dismissed it under section 17(2) of the Judicature Act, with no order as to costs. The dismissal was made without any determination of the substantive ownership claim.

Outcome

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

Facts

The plaintiffs filed a civil suit on 11 October 2024 seeking, among other relief, a declaration that they are the lawful owners of a kibanja situate at Ndejje Mirimu cell, Wakiso District. On 5 November 2024 they filed an affidavit of service on the defendants. Thereafter the record showed no further step taken by the plaintiffs to prosecute the suit for a period exceeding 18 months. The court, on perusing the record, found no reason to retain the dormant suit and dismissed it.

Issues

  1. Whether the suit should be dismissed where the plaintiffs took no steps to prosecute it for over 18 months after filing an affidavit of service.

Orders

  • The suit is dismissed under Section 17(2) of the Judicature Act.
  • No orders as to costs.

Rules and key headnotes

Civil Procedure — Dismissal for Want of Prosecution — Court's Power under Judicature Act s.17(2)
Where a plaintiff takes no step to prosecute a suit for a prolonged period after effecting service, the High Court may, in exercise of its powers under section 17(2) of the Judicature Act, dismiss the suit of its own motion to prevent dormant matters from remaining on the court record.

Legislation cited (1)

Full judgment

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Nannkinga Agnes and Another v Ssaku Cedric and Another [2026] UGHCLD 124 (23 April 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.