Ssebunya Ibrahim Kibuga and Others v Kalayngo Peter and Another (Miscellaneous Application No. 2165 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application to set aside dismissal order for want of prosecution was itself dismissed under section 17(2) of the Judicature Act. The application was filed in August 2022, never served on the respondents, and not prosecuted thereafter. Court dismissed the application for non-prosecution.
Outcome
Application dismissed for non-prosecution
Facts
The applicants sought to set aside an order dismissing Civil Suit No. 525 of 2018 for want of prosecution and to have the suit reinstated. The application was brought under section 33 of the Judicature Act, section 98 of the Civil Procedure Act, and Order 52 rules 1, 2 and 3 of the Civil Procedure Rules. The application was filed on 19th August 2022. It was never served on the respondents and was not prosecuted thereafter.
Issues
- Whether the application to set aside the dismissal order should be granted despite non-prosecution
Orders
- Application dismissed under section 17(2) of the Judicature Act.
Legislation cited (6)
- Judicature Act s.33
- Civil Procedure Act s.98
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.2
- Civil Procedure Rules O.52 r.3
- Judicature Act s.17(2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.