Kampala Capital City Authority v Kampala District Land Board and 4 Others (Civil Miscellaneous Application No. 332 of 2019) [2021] UGHCLD 30 (21 January 2021)

### **THE REPUBLIC OF UGANDA**

## **IN THE HIGH COURT OF UGANDA AT KAMPALA**

### **(LAND DIVISION)**

### **MISC. APPLICATION NO.332 OF 2019**

#### **KAMPALA CAPITAL CITY AUTHORITY:::::::::::::::::::::::::APPLICANT**

#### **VERSUS**

- **1. KAMPALA DISTRICT LAND BOARD** - **2. HAJJATI AISHA KIRUMIRA** - **3. JOHN OPOLOT** - **4. FRED MAGEZI** - **5. MWEBEIHA**

**AMATOS::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENTS**

# **BEFORE: HON. MR. JUSTICE HENRY I. KAWESA**

#### **RULING**

This Applicant filed the application seeking for orders of Court to set aside the order of 22nd February 2019, dismissing the Applicant's Civil Suit No.229 of 2015, so that the said suit is reinstated for hearing on the merits. The application is not contested.

The Applicant claims that he was not aware of the date when the dismissal occurred.

As much as I may not agree with this claim, the Respondents do not object to the application. I therefore do grant the application, but with a requirement for payment of security for costs of shs.30,000,000/- *(thirty million shillings)* payable to the Registrar High Court, in order to guard against the tendency of reopening suits which parties never follow up. This is to guard against case backlog.

Since the application is not opposed, each party shall bear their own costs.

I so order.

……………………………

Henry I. Kawesa

# **JUDGE**

21/01/21

# 21/01/21:

Mwanja Brian for the Applicant present.

Representative absent.

Charles Our holding brief for Nicholas Mwasame for the 1 st Respondent.

Court:Ruling delivered to the parties above.

……………………………

Henry I. Kawesa

# **JUDGE**

21/01/21