[2024] UGHCLD 89
The court found that although there was an indication of intention to withdraw the application, no formal withdrawal was made on the court record. The applicant's counsel, who had previously sought an urgent hearing, failed to appear and did not prosecute the application. In the absence of a formal withdrawal and...
Source-derived case information.
- Citation
- [2024] UGHCLD 89
- Parties
- Applicant: Kyepa Y Azid Mukalu; Applicant: Robert Mugerwa; Respondent: Frista Nakitende (As administrator of the estate of the late Eria Kirumira Nakalanso); Respondent: Vicent Kibirige
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application 163 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Withdrawal/dismissal
- Outcome
- application dismissed for want of prosecution
- Judges
- Asiimwe, J
- Legal Topics
- Dismissal for Want of Prosecution, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kyepa Y Azid Mukalu
Applicant
Robert Mugerwa
Applicant
Frista Nakitende (As administrator of the estate of the late Eria Kirumira Nakalanso)
Respondent
Vicent Kibirige
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Withdrawal/dismissal
Legal Issues
- 1 Whether the application should be dismissed for want of prosecution.
- 2 Whether there was a valid withdrawal of the application before the court.
Ratio Decidendi
The court found that although there was an indication of intention to withdraw the application, no formal withdrawal was made on the court record. The applicant's counsel, who had previously sought an urgent hearing, failed to appear and did not prosecute the application. In the absence of a formal withdrawal and due to the failure to prosecute, the court exercised its discretion to dismiss the application for want of prosecution. The applicant was ordered to pay the costs of the dismissed application.
Court Disposition
application dismissed for want of prosecution
Orders
- The application is dismissed for want of prosecution.
- The applicant shall pay the costs of the dismissed application.
Full Case Text
Judgment text and source record
14 paragraphs
## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA ILAND DIVISIONI MISCELLANEOUS APPLICATION NO. 163 OF 2024 (ARTSTNG CrVrL SUrr NO.34 OF 2006)
## I. KYEPA Y AZID MUKALU : : : : :: :: : : : :: : : : : : : : : : : : : : APPLICANTS 2. ROBERT MUGERWA
## VERSUS
l. FRISTA NAKITENDE (As administrator of the estate of the late Eria Kirumira Nakalanso) 2. VICENT KIBIRIGE: : : : : : : : : : : : : : : : : : : : : : : : : : :: : : : : : :RESPONDENTS
## BEFORE: HON. MR. JUSTICE TADEO ASIIMWE RULING
This Application was fixed for today's hearing at the request of Counsel for the Applicant in his letter dated 7th February, 2024. It is surprising that the same Lawyer who obtained an urgent hearing date on account of his sickly client has failed to attend Court today.
I have also checked on ECCMIS and found a letter dated27thMarch,,2024 indicating an instruction of intention to withdraw the Application. However, the said instruction has not been put on Court record and as such, there is no such prayer to withdraw the case before me.
1 I
Under normal circumstances, the Advocate should have appeared in Court to formerly seek the intended withdraw of the matter.
Accordingly, since the Application is still pending in Court and the parties have failed to prosecute it, the same stands dismissed for want of prosecution.
Applicant shall pay costs of the dismissed Application.
I so ord \ TA I
JUDGE
5t04t2024