Wakilii

Zhang Ciqing v Nvule Grace (Civil Suit No. 7 of 2024)

High Court · [2025] UGHC 1470 · 2025 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 for want of prosecution under Order 17 rule 5 of the Civil Procedure Rules. The Plaintiff and his Counsel failed to appear at the scheduled hearing on 12 November 2025, despite having undertaken to produce additional evidence. No evidence was filed and no explanation was offered. The Court found that the Plaintiff demonstrated a clear lack of interest in prosecuting the matter and awarded costs to the Defendant.

Outcome

Suit dismissed for want of prosecution

Facts

The Plaintiff filed a civil suit against the Defendant. On 3 November 2025, Counsel for the Plaintiff informed the Court that witness statements and a trial bundle had been filed, and requested leave to file an additional document evidencing purchase, sale, and exchange of consideration. Counsel also requested that alleged video footage be availed to the defence prior to hearing. The matter was fixed for hearing on 12 November 2025. On that date, the Defendant appeared but neither the Plaintiff nor his Counsel attended. No evidence had been filed and no explanation was offered for the non-appearance. Counsel for the Defendant prayed that the Court proceed under Order 17 rule 4 of the Civil Procedure Rules.

Issues

  1. Whether the Defendant is indebted to the Plaintiff in the sum claimed or at all.
  2. What remedies are available to the parties.

Orders

  • Suit dismissed for want of prosecution under Order 17 rule 5 of the Civil Procedure Rules.
  • Costs awarded to the Defendant.
  • Additional costs awarded to the Defendant for travel from Kitgum to Kampala for the hearing.

Rules and key headnotes

Civil Procedure — Dismissal for Want of Prosecution — Order 17 rule 5
Where a plaintiff and his counsel fail to appear at a scheduled hearing, file no evidence, and offer no explanation despite having undertaken to produce additional evidence, the court may dismiss the suit for want of prosecution under Order 17 rule 5 of the Civil Procedure Rules on the ground that the plaintiff has demonstrated a clear lack of interest in prosecuting the matter.

Legislation cited (2)

Full judgment

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

Zhang Ciqing v Nvule Grace (Civil Suit No. 7 of 2024) [2025] UGHC 1470 (12 November 2025)
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.