Ssenkomi Herman and Others v Ssemakula Moses (Miscellaneous Application 2039 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application for interim stay of execution dismissed under Judicature Act s.17(2) for failure to prosecute. The applicants commenced the application in July 2024 seeking an interim order of stay of execution but took no serious steps to prosecute it. The court found no reason to extend the period further and dismissed the application with no orders as to costs.
Outcome
Application dismissed for want of prosecution
Facts
The applicants filed a Notice of Motion on 29 July 2024 seeking an interim order of stay of execution of orders in Miscellaneous Appeal No. 1910 of 2024 pending determination before the court. The application arose from a chain of prior proceedings originating from Civil Suit No. 1094 of 2012. Upon review of the record, the court found that the applicants had not taken any serious steps to prosecute their application despite the matter being in the system for close to two years.
Issues
- Whether the application should be dismissed for want of prosecution
Orders
- Application dismissed under Section 17(2) of the Judicature Act.
- No orders as to costs.
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.