Wakilii

William Junju and Another v Rawji Salim Haiderrali and Others (Civil Suit No. 276 of 2019)

High Court · [2026] UGHCLD 24 · 2026 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit dismissed for want of prosecution
Decision
Suit dismissed for want of prosecution

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court dismissed the suit under Order 17 Rule 6(1) of the Civil Procedure Rules and section 98 of the Civil Procedure Act for want of prosecution. The plaintiffs had filed no application or taken any step to proceed with the suit for over two years since March 2023. The court exercised its inherent power to prevent abuse of process and ensure expeditious determination of claims.

Outcome

Suit dismissed for want of prosecution

Facts

The plaintiffs instituted a civil suit on 29 March 2019 seeking declarations, orders for eviction, permanent injunction, special and general damages, mesne profits, interest and costs. The last action taken by the plaintiffs was the filing of a scheduling memorandum via ECCMIS on 5 March 2023. Thereafter, neither party took any step or made any application to proceed with the suit for over two years. The court noted this inaction and invoked its powers under the Civil Procedure Rules and the Civil Procedure Act to dismiss the suit.

Issues

  1. Whether the suit should be dismissed for want of prosecution where no action had been taken by either party for over two years.

Orders

  • Case dismissed under Order 17 Rule 6(1) of the Civil Procedure Rules SI 71-1 and Section 98 of the Civil Procedure Act Cap 282 for non-action by the parties for over two years.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Dismissal for Want of Prosecution — Inaction for Two Years
Where no application is made or step taken by either party for a period of two years with a view to proceeding with a suit, the court may order the suit to be dismissed under Order 17 Rule 6(1) of the Civil Procedure Rules.
Civil Procedure — Inherent Powers of Court — Prevention of Abuse of Process
The court retains inherent power under section 98 of the Civil Procedure Act to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of court, including dismissal of suits for want of prosecution.
Civil Procedure — Duty of Plaintiff — Expeditious Prosecution of Claim
A plaintiff who is in pursuit of a remedy should take all necessary steps at his disposal to achieve an expeditious determination of his claim.

Legislation cited (2)

Cases cited (1)

  • Nilani v Patel and Others (1969) EA 340

Full judgment

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

William_Junju_and_Another_v_Rawji_Salim_Haiderrali_and_Others_(Civil_Suit_No._276_of_2019)_[2026]_UGHCLD_24_(28_January_2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.