[2025] UGHCLD 128
The court found that the plaintiff had failed to prosecute the case since its filing in 2011. Although counsel for the plaintiff stated they no longer had instructions, no formal withdrawal was filed. The affidavit of service confirmed that the plaintiff was served and aware of the proceedings. In light of the...
Source-derived case information.
- Citation
- [2025] UGHCLD 128
- Parties
- Plaintiff: Amin Alibhai; Defendant: Joyce Lucia Birungi; Defendant: Jimmy Musiige; Defendant: Fred Kyendikuwa
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Civil Suit 460 of 2011
- Procedural Posture
- Civil Suit / Ruling on Dismissal
- Outcome
- dismissed_for_want_of_prosecution
- Judges
- Kaahwa, J
- Legal Topics
- Dismissal for Want of Prosecution, Affidavit of Service, Failure to Prosecute, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amin Alibhai
Plaintiff
Joyce Lucia Birungi
Defendant
Jimmy Musiige
Defendant
Fred Kyendikuwa
Defendant
Procedural Posture
Civil Suit / Ruling on Dismissal
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
- 2 Whether proper service was effected on the plaintiff.
- 3 Whether costs should be awarded upon dismissal.
Ratio Decidendi
The court found that the plaintiff had failed to prosecute the case since its filing in 2011. Although counsel for the plaintiff stated they no longer had instructions, no formal withdrawal was filed. The affidavit of service confirmed that the plaintiff was served and aware of the proceedings. In light of the prolonged inactivity and absence of steps to advance the suit, the court exercised its discretion under Section 17(2) of the Judicature Act, Cap.16 to dismiss the case for want of prosecution. No order as to costs was made.
Court Disposition
dismissed_for_want_of_prosecution
Orders
- The suit is dismissed for want of prosecution under Section 17(2) of the Judicature Act, Cap.16.
- No order as to costs.
Full Case Text
Judgment text and source record
8 paragraphs
## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (LAND DIVISION) CIVIL SUIT NO.460 OF 2011 AMIN ALIBHAI ------------------------------------**VERSUS** 1. JOYCE LUCIA BIRUNGI 2. JIMMY MUSIIGE 3. FRED KYENDIKUWA ------------------------------------
## **BEFORE: HON. LADY JUSTICE CHRISTINE KAAHWA**
## **RULING**
This matter was set down for mention today. The plaintiff was served as seen from the Affidavit of service. This case was filed in 2011. Whereas Counsel for the plaintiff states that they nolonger have instructions; no letter to that effect was filed.
This matter is dismissed for want of prosecution under Section 17(2) of the Judicature Act, Cap.16 with no order to costs
$\mathbf{1}$
Dated at Kampala this 9<sup>th</sup> day of **July 2025.**
$1$ **Christine Kaahwa JUDGE**