Yesero Mugenyi and S & M Holdings Ltd v Abdu Nassar (Miscellaneous Application 1415 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application dismissed for want of prosecution. The applicants failed to take serious steps in prosecuting their application for leave to adduce additional evidence. The matter constituted case backlog having been in the system for more than three years. The court declined to extend the period further and dismissed the application under section 17(2) of the Judicature Act with no order as to costs.
Outcome
Application dismissed for want of prosecution
Facts
The applicants filed a notice of motion on 22 August 2022 seeking orders to adduce more evidence in Civil Suit No. 87 of 2005 by using a supplementary witness statement filed by the first applicant and calling one additional witness. The application arose from an underlying civil suit. The court found that the applicants had not taken any serious steps in prosecuting their application and that the matter had been in the system for more than three years, constituting case backlog.
Issues
- Whether the applicants should be granted leave to adduce more evidence by filing a supplementary witness statement and calling an additional witness.
Orders
- Application dismissed under Section 17(2) of the Judicature Act.
- No order as to costs.
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.