Wakilii

Sekikubo Juliano and Others v Mubiru William (Miscellaneous Application No. 851 of 2023)

High Court · [2026] UGHCLD 16 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution pending appeal dismissed for want of prosecution
Decision
Application dismissed for want of prosecution

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court dismissed the application for stay of execution under Order 17 Rule 6(1) of the Civil Procedure Rules and Section 98 of the Civil Procedure Act for want of prosecution. The applicants filed the chamber summons on 13th March 2023 but took no further action for over two years and did not serve the respondent. The court exercised its inherent power to prevent abuse of process.

Outcome

Application dismissed for want of prosecution

Facts

The applicants filed a chamber summons on 13th March 2023 seeking a stay of execution pending determination of Civil Appeal No. 1426 of 2022. After filing the application on ECCMIS, the applicants took no further action for over two years. There was no indication that the applicants served the application on the respondent. The court noted that more than two years had elapsed without any step taken by either party to proceed with the matter.

Issues

  1. Whether the application should be dismissed for want of prosecution where no action was taken by the applicants for over two years.

Orders

  • Application dismissed under Order 17 Rule 6(1) of the Civil Procedure Rules SI 71-1 and Section 98 of the Civil Procedure Act Cap 282 for non-action by the Applicants for over two years.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Dismissal for Want of Prosecution — Inaction for Two Years
Where no application is made or step taken by either party for a period of two years with a view to proceeding with a suit, the court may order the suit to be dismissed under Order 17 Rule 6(1) of the Civil Procedure Rules.
Civil Procedure — Inherent Powers of Court — Prevention of Abuse of Process
The court has inherent power under Section 98 of the Civil Procedure Act to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of court, including dismissal of matters where parties fail to prosecute diligently.
Civil Procedure — Duty of Plaintiff — Expeditious Prosecution
A plaintiff who is in pursuit of a remedy should take all necessary steps at his disposal to achieve an expeditious determination of his claim.

Legislation cited (4)

Cases cited (1)

  • Nilani v Patel and Others (1969) EA 340

Full judgment

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

Sekikubo_Juliano_and_Others_v_Mubiru_William_(Miscellaneous_Application_No._851_of_2023)_[2026]_UGHCLD_16_(29_January_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.