Nakibuuka v Centenary Rural Development Bank Limited & Another
Nakibuuka v Centenary Rural Development Bank Limited & Another (Miscellaneous Application 718 of 2023) [2023] UGCommC 259 (10 October 2023)
The court found that the suit was dismissed not for want of prosecution under Order 17 rule 5 of the Civil Procedure Rules, but for non-compliance with court directions while the matter was still at the stage of pleadings. The pending application for substituted service and incomplete pleadings meant the scheduling conference could not properly proceed. The failure to bring this procedural status to the attention of the trial judge resulted in a miscarriage of justice. The court held that these special circumstances justified invoking its inherent jurisdiction under Section 98 of the Civil Pr…
Source excerpt
- Dismissal For Noncompliance
- Reinstatement Of Suit
- Inherent Jurisdiction
- Scheduling Memorandum