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Sekyewa Khamis and Another v Nalongo (Mlsc. APPLICATION NO 3109 OF 2023) [2025] UGHC 248 (30 April 2025)
- Citation
- [2025] UGHC 248
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- High Court of Uganda
- Panel
- Kazaarwe, J
- Case number
- Mlsc. APPLICATION NO 3109 OF 2023
- Language
- English
More details
- Court
- High Court of Uganda
- Panel
- Kazaarwe, J
- Case number
- Mlsc. APPLICATION NO 3109 OF 2023
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The application was dismissed because the applicants failed to take any step to prosecute the matter for almost 18 months after the court indicated its docket was full. The court exercised its discretion under the Civil Procedure Rules to dismiss the application for want of prosecution, emphasizing the need for parties to be diligent in pursuing their cases.
Court disposition
application dismissed for want of prosecution
Orders
- The application is dismissed for want of prosecution.
02
Material facts
Parties
Sekyewa Rashid Khamis
ApplicantNabasirye Ruth Mayambala
ApplicantNabumba Florence Nalong
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling
04
Questions and positions
Legal issues
Whether the application should be dismissed for want of prosecution.
Party arguments
- Applicant
- No argument was presented by the applicants as no step was taken to seek another date for hearing for almost 18 months.
- Respondent
- No argument was presented by the respondent as the matter was not actively prosecuted.
05
Court’s reasoning
Legal principles
- 01
Order 17 Rule 5 of the Civil Procedure Rules (Uganda)
Applications may be dismissed for want of prosecution where parties fail to take necessary steps to advance the case.
06
Ratio, limits and disposition
Ratio decidendi
The application was dismissed because the applicants failed to take any step to prosecute the matter for almost 18 months after the court indicated its docket was full. The court exercised its discretion under the Civil Procedure Rules to dismiss the application for want of prosecution, emphasizing the need for parties to be diligent in pursuing their cases.
Court disposition
application dismissed for want of prosecution
- The application is dismissed for want of prosecution.
Source and reliance status
High Court of 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.
High Court of Uganda
Judgment
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(LAND DlVlSloN)
Mlsc. APPLICATION NO 3109 0F 2023
(ARISING FROM CIVIL SUIT NO. 587 OF 2023)
1. SEKYEWA RASHID KHAMIS
2. NABASIRYE RUTH MAYAMBALA-------------------------'---APPLICANTS
-vs-
NABUMBA FLORENCE NALONG -------------------------RESPONDENT
Before: Hon. Lady Justice Olive Kazaarwe Mukwaya
15
RULING
Thjs file was placed before me on the 18th October 2023 and I indicated that my docket was full for the next 6 months. No step has been taken by the applicant to seek another date for almost 18 months.
2A
<sup>I</sup>hereby dismiss this application for want of prosecution
4^
<sup>25</sup> Olive Kazaarwe Mukwaya
Judge
301h April 2025
Delivered by email to Counsel for the Applicant and the Respondent
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