Ssuuna Twaha v Bwogi Steven and Another (Miscellaneous Application No. 2627 of 2023)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court dismissed an application seeking review of earlier orders where the applicant filed the application on 24 August 2023 but failed to request a hearing date or take any further steps to prosecute it. The dismissal was ordered under section 17(2) of the Judicature Act for want of prosecution.

Outcome

Application dismissed for want of prosecution

Facts

The applicant filed a Notice of Motion on 24 August 2023 seeking to review and set aside a ruling and orders of the High Court Land Division passed on 18 August 2023 in Miscellaneous Cause No. 164 of 2022. Following the filing, the applicant took no further steps to prosecute the application and did not request any hearing date. The matter came before the court for determination of whether it should proceed in the absence of any follow-up action by the applicant.

Issues

1. Whether the application should be dismissed for want of prosecution under section 17(2) of the Judicature Act.

Orders

• Application dismissed under section 17(2) of the Judicature Act.

Legislation cited (4)

• Civil Procedure Act s.82
• Civil Procedure Rules Order 46 rules 1, 2 and 3
• Civil Procedure Rules Order 52 rules 1 and 3
• Judicature Act s.17(2)

The original judgment as reported. Read the original PDF before relying on any passage.