Luzinda and 2 Others v Kizito (Civil Suit No. 388 of 2016) [2023] UGHCLD 71 (20 March 2023)

Full Case Text

## THEREPUBLIC OFUGANDA

### IN THE HIGH COURT OF UGANDA AT KAMPALA

# crvrl surT No. 388 0F 2016

## LUZINDA HENRY & 2 OTHERS : :::::::::::::::::::::: ::::::::: PLAINTIFF

#### VERSUS

I{IZIT O KEZEKIA : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : DEFENDANT.

#### ORDER OF DISMISSAL

10 This suit is coming up before this court on 17th March, 2023, in the absence of both parties and their respective counsel. The suit was filed on 29th June, 2016.

On 20th January 2020, upon the prayers of counsel for the defendant/counterclaimant, the suit was dismissed by this court based on the plaintiffs failure to take further action towards its prosecution. The matter was scheduled to proceed with the hearing of the counterclaim.

The last time this matter was in court was on 23'd October 2O2O. The defendant/counterclaim was directed by this court on that day to carry out a survey on the suit land and do so within 3O days, which to date he has failed to do.

The matter was cause listed for further hearing on 1lth January, 202 1 which date was hxed in court in the presence of counsel and

his client. Subsequently another date of 17th March, 2023, was appointed at 10.00 am, for the further hearing.

For more than 2 years now, no further action has been taken to follow up the counterclaim. I therefore dismiss the counter claim as it is now also clear that the defendant/counterclaimant has lost interest.

$\mathsf{S}$

No orders as to costs.

Alexandra Nkonge Rugadya

10 Judge

20th March, 2023

Defined by each Cuboez $24/3/2023$