Kyepa Yazid and Another v Nakitende and Another (Miscellaneous Application 163 of 2024) [2024] UGHCLD 89 (5 April 2024)

## 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

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