Nuru Ayubu Yebuga v Abele William and Another [2026] UGHC 708

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The appellant, having filed his record of appeal only after the appeal was cause-listed for dismissal, failed to file written submissions within the timetable set by the court and took no further steps to prosecute the appeal, while the respondents repeatedly wrote seeking dismissal. The court held that under Order 43 Rule 31(2) of the Civil Procedure Rules it has power to dismiss an appeal for want of prosecution, and that Section 98 of the Civil Procedure Act and section 17(2) of the Judicature Act empower it to prevent abuse of court process and the waste of limited judicial resources. The appeal was accordingly dismissed for want of prosecution with costs to the respondents.

Outcome

Appeal dismissed for want of prosecution with costs to the respondents

Facts

The appellant lodged an appeal against the judgment of His Worship Ali Tibenkana, delivered on 22 November 2022 at the Chief Magistrates' Court of Yumbe in Civil Suit No. 0008 of 2022. The record of proceedings and judgment of the lower court were certified on 4 May 2023, but the appellant filed his record of appeal only on 2 March 2026, after the High Court had cause-listed the appeal for dismissal in the event of non-appearance. At the hearing on 3 March 2026 both parties were represented, and the court set a timetable requiring the appellant to file written submissions by 9 March 2026, the respondents by 23 March 2026, and any rejoinder by 31 March 2026. On perusal of the file the court found that the appellant had neither prepared nor filed any submissions and had taken no steps to prosecute the matter, while the respondents had repeatedly written to the court seeking dismissal.

Issues

1. Whether the appeal should be dismissed for want of prosecution where the appellant failed to file written submissions or take any steps to prosecute the appeal.

Orders

• Appeal dismissed for want of prosecution.
• Costs of the appeal to the respondents.

Rules and key headnotes

Legislation cited (3)

• Civil Procedure Rules S.I 71-1 Order 43 Rule 31(2)
• Civil Procedure Act Cap. 282 s.98
• Judicature Act s.17(2)

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