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

Application for review of a ruling passed on 18 August 2023 was dismissed for want of prosecution. The applicant filed the application on 24 August 2023 but failed to follow up or request a hearing date. Court held that under section 17(2) of the Judicature Act, an application that has not been prosecuted may be dismissed.

Outcome

Application dismissed for want of prosecution

Facts

The applicant filed a Notice of Motion on 24 August 2023 seeking review and setting aside of a ruling and orders passed by the High Court Land Division on 18 August 2023. The application arose from Miscellaneous Cause No. 164 of 2022. After filing the application, the applicant failed to follow up on the matter and did not request any hearing date.

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 (7)

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

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