[2016] UGHCCD 2
The appellant failed to file written submissions within the timelines set by the court and did not seek an extension of time or provide any explanation for the omission. This conduct amounts to a failure to take the necessary steps to prosecute the appeal, from which the court infers that the appellant has lost...
Source-derived case information.
- Citation
- [2016] UGHCCD 2
- Parties
- Appellant: Byaruhanga Joseph; Respondent: Nalongo Elizabeth Wandera
- Court
- HC: Civil Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal No. 0062 of 2014
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- Byabakama, J
- Legal Topics
- Appeal Dismissal, Failure to Prosecute, Written Submissions, Timelines for Filing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Byaruhanga Joseph
Appellant
Nalongo Elizabeth Wandera
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appellant's failure to file written submissions within the set timelines warrants dismissal of the appeal.
- 2 Whether the appellant has shown cause for non-compliance with court orders.
Ratio Decidendi
The appellant failed to file written submissions within the timelines set by the court and did not seek an extension of time or provide any explanation for the omission. This conduct amounts to a failure to take the necessary steps to prosecute the appeal, from which the court infers that the appellant has lost interest in the matter. The respondent's application for dismissal is therefore granted, and the appeal is dismissed with costs to the respondent.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
15 paragraphs
**CIVIL APPEAL NO. 0062 OF 2014**
**(ARISING FROM CIVIL SUIT NO. 0025 OF 2012, CHIEF MAGISTRATE’S COURT)**
**BYARUHANGA JOSEPH :::::::::::::::::::::::::::::::::::::::::: APPELLANT**
**VERSUS**
**NALONGO ELIZABETH WANDERA ::::::::::::::::::::::: RESPONDENT**
**BEFORE: HON. JUSTICE BYABAKAMA MUGENYI SIMON**
**RULING**
This court did set timelines on the 14-5-2015 for both parties to file written submissions. The order was made in Miscellaneous Application No. 0019/2015 which arose out of this appeal as well as Civil Suit No. 0025/2012.
The appellant was supposed to file his submissions by 5-6-2015 and the respondent’s reply by 19-6-2015. Any rejoinder was to be filed by 26-6-2015.
Todate the appellant has not complied with the set timelines. He has even not applied for extension of time to do so. No explanation has been given for this glaring omission. The non-filing of submissions is tantamount to failure to take the necessary step to prosecute the appeal. The inference is that the appellant has lost interest in the appeal.
Mr. Kasangaki Simon for the respondent applied for dismissal of the appeal. I am inclined to grant the said prayer and this appeal is accordingly dismissed with costs to the respondent.
**……………………………………………….**
**BYABAKAMA MUGENYI SIMON**
**JUDGE**
**27-1-2016**