Bahambiriza v Rugadya and 2 Others
Bahambiriza v Rugadya and 2 Others (Civil Appeal 21 of 2022) [2024] UGHC 433 (29 February 2024)
The High Court found that the trial Magistrate acted within his inherent powers under Section 17(2)(a) of the Judicature Act to dismiss the suit for want of prosecution, given the Appellant's failure to take any prosecutorial steps for over one and a half years. The Appellant did not take out summons for direction within the prescribed period under Order XIA rule 1(2) CPR, resulting in abatement of the suit. The Appellant's claims of illness and COVID-19 restrictions were unsupported by evidence, and the alleged advice from a Court clerk was unsubstantiated. The Court held that there was no r…
Source excerpt
- Dismissal For Want Of Prosecution
- Reinstatement Of Suit
- Summons For Direction
- Abuse Of Process
- Customary Land Ownership