[2025] UGHC 268
The court found that the plaintiff failed to take any steps to prosecute the suit after filing the plaint, including the mandatory issuance of summons to the defendants. This failure constituted an inordinate and inexcusable delay, amounting to an abuse of court process. Applying the principles from the Judicature...
Source-derived case information.
- Citation
- [2025] UGHC 268
- Parties
- Plaintiff: Nalubega Shadia; Defendant: Hamiduh Seremba; Defendant: Kagai Irene; Defendant: Nambuya Suzan
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Suit No. 1060 of 2023
- Procedural Posture
- Civil Suit / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- Nakiganda Ida, J
- Legal Topics
- Dismissal for Want of Prosecution, Family Property Disputes, Issuance of Summons, Abuse of Court Process
- 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
Nalubega Shadia
Plaintiff
Hamiduh Seremba
Defendant
Kagai Irene
Defendant
Nambuya Suzan
Defendant
Procedural Posture
Civil Suit / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the plaintiff took necessary steps to prosecute the suit including issuance of summons to the defendants.
- 2 Whether the delay in prosecuting the suit was inordinate and inexcusable.
- 3 Whether the suit should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the plaintiff failed to take any steps to prosecute the suit after filing the plaint, including the mandatory issuance of summons to the defendants. This failure constituted an inordinate and inexcusable delay, amounting to an abuse of court process. Applying the principles from the Judicature Act and the Civil Procedure Rules, as well as the test from Allen v. Sir Alfred Mc Alpine & Sons Ltd, the court determined that the suit should be dismissed for want of prosecution. The absence of any action by the plaintiff since filing the suit justified the dismissal under Section 17(2)(a) of the Judicature Act.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed under Section 17(2)(a) of the Judicature Act, Cap 13 for want of prosecution.
- No steps were taken by the plaintiff to prosecute or proceed with the suit, including issuance of summons to file a defence.
Full Case Text
Judgment text and source record
14 paragraphs
# **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA [LAND DIVISION] CIVIL SUIT NO. 1060 OF 2023**
**NALUBEGA SHADIA:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF**
### **VERSUS**
- **1. HAMIDUH SEREMBA:::::::::::::::::::::::::::::::::::::::: DEFENDANTS** - **2. KAGAI IRENE** - 3. **NAMBUYA SUZAN**
#### **BEFORE: HON. LADY JUSTICE NAKIGANDA IDA**
#### **RULING**
#### **Introduction;**
- 1. The Plaintiff alleged that on 21st December 2018, the 1st Defendant sold the property in issue located in Busiro Block 379, Plot 1423 situate at Katale, Nalumunye, Wakiso District, to the 2nd and 3rd Defendants without her consent. The Plaintiff sought a declaration that the land in question was family property and that the sale agreement executed by the 1st Defendant in respect of the aforementioned property and without the Plaintiff's consent was null and void. - 2. The plaint in this suit was filed on ECCMIS on 15th September 2023. No further action has been taken by the Plaintiff concerning the suit since the aforementioned filing on ECCMIS.
- 3. The Plaintiff did not issue summons to file a defence to the defendants in accordance with Order 5, Rule 1 & 2 of the Civil Procedure Rules S. I 71-1. - 4. In *Allen Vs. Sir Alfred Mc Alpine & Sons Ltd (1968), All ER 543*, Lord Denning set out a three-part test for dismissal of a suit for want of prosecution as indicated below: - (i) That there has been an inordinate delay to prosecute a suit; - (ii) That this inordinate delay is inexcusable; - (iii) The defendant is likely to be seriously prejudiced by the delay.
# **Order;**
The Suit is hereby dismissed under Section 17 (2) (a) of the Judicature Act, Cap 13 on the following grounds:
- 1. No steps were taken by the Plaintiff to prosecute or proceed with the suit including through the issuance of summons to file a defence to the Defendants in accordance with the Order 5, Rule 1 (1) of the Civil Procedure Rules SI 71-1. - 2. There has been an unexplained, inexcusable and inordinate delay by the Plaintiff to prosecute the suit which is an abuse of court process.
## **I SO ORDER.**
**NAKIGANDA IDA JUDGE 12th May, 2025**