[2023] UGHCLD 463
The court found that the plaintiff failed to serve the plaint on the defendant and took no further steps to prosecute the case after filing and agreeing to a temporary injunction. In the absence of an affidavit of service and any action to move the case forward, the court exercised its discretion to dismiss the suit...
Source-derived case information.
- Citation
- [2023] UGHCLD 463
- Parties
- Plaintiff: BACH & THE MARGINALIZED WORLDWIDE LTD; Defendant: SSALONGO MICHAEL LUKWAGO
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Civil Suit 615 of 2022
- Procedural Posture
- Civil Suit / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- Alividza, J
- Legal Topics
- Service of Process, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
BACH & THE MARGINALIZED WORLDWIDE LTD
Plaintiff
SSALONGO MICHAEL LUKWAGO
Defendant
Procedural Posture
Civil Suit / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the plaintiff effected service of the plaint on the defendant.
- 2 Whether the suit should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the plaintiff failed to serve the plaint on the defendant and took no further steps to prosecute the case after filing and agreeing to a temporary injunction. In the absence of an affidavit of service and any action to move the case forward, the court exercised its discretion to dismiss the suit for want of prosecution in accordance with the Civil Procedure Rules.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
10 paragraphs
## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA **LAND DIVISION CIVIL SUIT NO. 615 OF 2022** BACH & THE MARGINALIZED WORLDWIDE LTD::::::::::::::::::::::::::::::::::::
## **VERSUS**
SSALONGO MICHAEL LUKWAGO::::::::::::::::::::::::::::::::::::
## **RULING**
The Plaint was filed on 20<sup>th</sup> July 2022. There is no affidavit of service.
The Plaintiff also filed M/A 1196 of 2022 for temporary injunction on 22<sup>nd</sup> July 2022. Then, the parties made an agreement on the temporary injunction to suspend activities on the suit land.
However, no action has been taken to proceed with the case.
There is no proof of service, and the case dismissed.
GIVEN under my hand and seal of this honorable Court this 27<sup>th</sup> day of February $2022$
Elizabeth Jane Alividza Judge