Ssekawu Charles v Kasumba Edward and Others (Miscellaneous Application 1286 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that where an applicant fails to prove service on respondents and fails to appear in court to prosecute an application seeking to strike out an appeal for want of prosecution, the application must be dismissed. The court applied section 17(2) of the Judicature Act and Order 9 rule 17 of the Civil Procedure Rules to dismiss the application for non-prosecution by the applicant.
Outcome
Application dismissed for failure to prove service and non-appearance of applicant
Facts
The applicant filed Miscellaneous Application No. 1286 of 2024 seeking to strike out Civil Appeal No. 65 of 2021 for want of prosecution. The matter was fixed for hearing on 4th July 2024 following the applicant's letter dated 23rd May 2024. On the hearing date, neither the applicant nor the applicant's counsel appeared in court. The court record showed no affidavit of service had been filed proving service on the respondents.
Issues
- Whether the application should be dismissed for failure to prove service and failure of the applicant to appear in court
Orders
- Application dismissed under section 17(2) of the Judicature Act and Order 9 rule 17 of the Civil Procedure Rules.
Legislation cited (2)
- Judicature Act s.17(2)
- Civil Procedure Rules O.9 r.17
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.