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Byaruhanga Vs Wandera (Civil Appeal No. 0062 of 2014) [2016] UGHCCD 2 (27 January 2016)
- Citation
- [2016] UGHCCD 2
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Civil Division (Uganda)
- Panel
- Byabakama, J
- Case number
- Civil Appeal No. 0062 of 2014
- Language
- English
More details
- Court
- HC: Civil Division (Uganda)
- Panel
- Byabakama, J
- Case number
- Civil Appeal No. 0062 of 2014
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appellant failed to file written submissions within the timelines set by the court and did not seek an extension of time or provide any explanation for the omission. This conduct amounts to a failure to take the necessary steps to prosecute the appeal, from which the court infers that the appellant has lost interest in the matter. The respondent's application for dismissal is therefore granted, and the appeal is dismissed with costs to the respondent.
Court disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed with costs to the respondent.
02
Material facts
Parties
Byaruhanga Joseph
AppellantNalongo Elizabeth Wandera
Respondent Counsel: Kasangaki Simon03
Procedural history
Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
04
Questions and positions
Legal issues
- 01
Whether the appellant's failure to file written submissions within the set timelines warrants dismissal of the appeal.
- 02
Whether the appellant has shown cause for non-compliance with court orders.
Party arguments
- Applicant
- The respondent, through counsel Mr. Kasangaki Simon, applied for dismissal of the appeal on grounds that the appellant failed to file written submissions within the timelines set by court and did not seek an extension or provide any explanation for the omission.
- Respondent
- The appellant did not file any submissions, nor did he apply for an extension of time or provide any explanation for the failure to comply with the court's order.
05
Court’s reasoning
Legal principles
- 01
Order of court dated 14-5-2015; general principles of civil procedure regarding prosecution of appeals.
Failure to comply with court-ordered timelines for filing submissions constitutes failure to prosecute the appeal and may result in dismissal.
06
Ratio, limits and disposition
Ratio decidendi
The appellant failed to file written submissions within the timelines set by the court and did not seek an extension of time or provide any explanation for the omission. This conduct amounts to a failure to take the necessary steps to prosecute the appeal, from which the court infers that the appellant has lost interest in the matter. The respondent's application for dismissal is therefore granted, and the appeal is dismissed with costs to the respondent.
Court disposition
appeal dismissed for want of prosecution
- The appeal is dismissed with costs to the respondent.
Source and reliance status
HC: Civil Division (Uganda)
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
HC: Civil Division (Uganda)
Judgment
CIVIL APPEAL NO. 0062 OF 2014
(ARISING FROM CIVIL SUIT NO. 0025 OF 2012, CHIEF MAGISTRATE’S COURT)
BYARUHANGA JOSEPH :::::::::::::::::::::::::::::::::::::::::: APPELLANT
VERSUS
NALONGO ELIZABETH WANDERA ::::::::::::::::::::::: RESPONDENT
BEFORE: HON. JUSTICE BYABAKAMA MUGENYI SIMON
RULING
This court did set timelines on the 14-5-2015 for both parties to file written submissions. The order was made in Miscellaneous Application No. 0019/2015 which arose out of this appeal as well as Civil Suit No. 0025/2012.
The appellant was supposed to file his submissions by 5-6-2015 and the respondent’s reply by 19-6-2015. Any rejoinder was to be filed by 26-6-2015.
Todate the appellant has not complied with the set timelines. He has even not applied for extension of time to do so. No explanation has been given for this glaring omission. The non-filing of submissions is tantamount to failure to take the necessary step to prosecute the appeal. The inference is that the appellant has lost interest in the appeal.
Mr. Kasangaki Simon for the respondent applied for dismissal of the appeal. I am inclined to grant the said prayer and this appeal is accordingly dismissed with costs to the respondent.
……………………………………………….
BYABAKAMA MUGENYI SIMON
JUDGE
27-1-2016
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