Tumwesigye Julius Foundation Limited v Mahmud Barwani (Miscellaneous Application No. 2810 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court Land Division dismissed the applicant's application seeking to compel production of an original certificate of title for court inspection. The applicant filed the application on 7th September 2023 but failed to pursue it thereafter. The court exercised its power under section 17(2) of the Judicature Act to dismiss the application for want of prosecution due to the applicant's complete failure to follow up since the filing date.
Outcome
Application dismissed for want of prosecution
Facts
The applicant, Tumwesigye Julius Foundation Limited, filed a miscellaneous application on 7th September 2023 arising from Miscellaneous Application No. 416 of 2022. The application sought orders compelling the respondent, Mahmud Barwani, to produce the original certificate of title for land comprised in LRV 4117 Folio 1, plots 45-65 Mpanga Close Bugolobi for inspection by court, and for costs. After filing the application, the applicant made no further follow-up or attempt to prosecute the matter.
Issues
- Whether the application should be dismissed for want of prosecution
Orders
- Application dismissed under section 17(2) of the Judicature Act.
Rules and key headnotes
Legislation cited (5)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.