Nalubega Shadia v Hamiduh Seremba and Others (Civil Suit No. 1060 of 2023) [2025] UGHC 268 (12 May 2025)

# **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**