Ssentongo Jaffer v Kizza Jamil (Miscellaneous Application No. 109 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application for committal for contempt of a temporary injunction dismissed under s.17(2)(a) of the Judicature Act for want of prosecution. The applicant filed in January 2022 but took no action to secure a hearing date. The High Court exercised its inherent power to prevent abuse of process by curtailing delays and discontinued the delayed application.
Outcome
Application dismissed for want of prosecution
Facts
The applicant filed an application on 21 January 2022 seeking committal of the respondent for alleged contempt of a temporary injunction issued on 2 June 2016. The injunction had restrained the respondent from interfering with or selling suit land (Mawokota Block 98 plot 43 at Lwanga). The applicant alleged that in disobedience of that order, the respondent and his agents interfered with the land by cutting fruit trees and cultivating cassava and maize. The application was undated and there was no proof that the applicant had taken any steps to secure a hearing date since filing in 2022.
Issues
- Whether the application should be dismissed for want of prosecution due to delay since filing in January 2022.
Orders
- Application dismissed under Section 17(2)(a) of the Judicature Act.
Rules and key headnotes
Legislation cited (4)
- Judicature Act s.33
- Judicature Act s.17(2)(a)
- Civil Procedure Rules O.41 r.2(3)
- Civil Procedure Rules O.41 r.9
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.