[2025] UGCommC 120
The application was dismissed because the applicant failed to take any steps to prosecute the matter for over two years, despite a specific directive from the court to upload documents. The court exercised its inherent powers under Section 17(2)(a) of the Judicature Act to prevent abuse of process and curtail delays...
Source-derived case information.
- Citation
- [2025] UGCommC 120
- Parties
- Applicant: Bosco Okiror; Respondent: R. L. Jain t/a Jain Ltd
- Court
- Commercial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application 448 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- application dismissed for want of prosecution
- Judges
- Ocaya, J
- Legal Topics
- Dismissal for Want of Prosecution, Abuse of Process, Inherent Powers of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bosco Okiror
Applicant
R. L. Jain t/a Jain Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the application should be dismissed for want of prosecution due to inaction by the applicant.
- 2 Whether the court should exercise its inherent powers to prevent abuse of process and curtail delays.
Ratio Decidendi
The application was dismissed because the applicant failed to take any steps to prosecute the matter for over two years, despite a specific directive from the court to upload documents. The court exercised its inherent powers under Section 17(2)(a) of the Judicature Act to prevent abuse of process and curtail delays in the administration of justice. The lack of action by the applicant constituted sufficient grounds for dismissal for want of prosecution. Since the application was not served on the respondent, no order as to costs was made.
Court Disposition
application dismissed for want of prosecution
Orders
- The application is dismissed for want of prosecution.
- No order as to costs.
Full Case Text
Judgment text and source record
14 paragraphs
## **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (COMMERCIAL DIVISION) HCT-00-CC-MA-0448-2022**
## **arising from HCT-00-CC-CS-0277-2013**
**BOSCO OKIROR ] APPLICANT**
**VERSUS**
**R. L. JAIN T/A JAIN LTD ] RESPONDENT**
**Before: Hon Justice Ocaya Thomas O. R.**
## **RULING**
This application was filed on the **4th April 2022**. I have perused the court file on ECCMIS and established that, since the filing of the application, the Applicant has taken no step to try and prosecute the same. It's now a period over to 2 years. On the 26th June 2023 I noted on the ECCMIS that the documents had not been uploaded and directed the Applicant to do so. This to date has not been complied with by the Applicant.
In the premises, this Application is dismissed for want of prosecution under the provision of S 17 (2) (a) of the Judicature Act (formerly CAP 6 Cap) now CAP 16 Laws of Uganda 7th Edition revised laws of Uganda) which provides; *with regard to its own procedures and those of the Magistrates' Courts, the High Court shall exercise its inherent powers—(a)to prevent abuse of process of the court by curtailing delays, in trials and delivery of judgement including the power to limit and discontinue delayed prosecutions*
As the application was not served I make no order as to costs
## MA-0448-2022
I so Order
Delivered electronically this\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 2025 and uploaded on ECCMIS. 16th January
