Nannkinga Agnes and Another v Ssaku Cedric and Another (Civil Suit No. 952 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed a civil suit seeking a declaration of ownership of a kibanja for want of prosecution. The plaintiffs filed an affidavit of service in November 2024 but took no further steps to prosecute the case over 18 months. The court found no reason to keep the suit in the system and dismissed it under Section 17(2) of the Judicature Act with no order as to costs.
Outcome
Suit dismissed for want of prosecution
Facts
The plaintiffs commenced Civil Suit No. 952 of 2024 on 11 October 2024 against the defendants seeking a declaration that they were the lawful owners of a kibanja situated at Ndejje Mirimu cell in Wakiso District. On 5 November 2024, the plaintiffs filed an affidavit of service upon the defendants. Thereafter, the plaintiffs took no further steps to prosecute the case for a period exceeding 18 months. The court found no justification to keep the suit in the system any longer.
Issues
- Whether the suit should be dismissed for want of prosecution under Section 17(2) of the Judicature Act
Orders
- Suit dismissed under Section 17(2) of the Judicature Act.
- No order as to costs.
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.