Ssebabi Francis and Another v Mutesasira Yoweri Bafirawala and Another [2026] UGHCLD 135
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The plaintiffs filed a land suit in April 2024 seeking declarations of ownership, a permanent injunction, damages for trespass and compensation, but never extracted summons for service on the defendants for over two years. The court, exercising its power under section 17(2) of the Judicature Act, held that such a dormant suit constitutes backlog which should not be retained on the court register, and dismissed the suit with no order as to costs.
Outcome
Suit dismissed for failure to extract summons for service; no order as to costs
Facts
The plaintiffs filed a suit on 3 April 2024 against the defendants seeking a permanent injunction, general damages for trespass to land, compensation for lost or destroyed property, a declaration that they were the lawful, rightful and beneficial owners of the suit property, punitive damages and costs. On perusal of the record the court found that, for a period of over two years, the plaintiffs had never obtained summons for service upon the defendants. The suit had therefore remained dormant and constituted backlog on the court's register.
Issues
- Whether a land suit in which the plaintiffs had never obtained summons for service on the defendants for over two years should be dismissed as court backlog.
Orders
- The suit is dismissed under section 17(2) of the Judicature Act.
- No orders as to costs.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.