Court name
HC: Civil Division (Uganda)
Judgment date
27 January 2016

Byaruhanga v Wandera (Civil Appeal-2014/62) [2016] UGHCCD 2 (27 January 2016);

Cite this case
[2016] UGHCCD 2

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA HOLDEN AT MASINDI

CIVIL APPEAL NO. 0062 OF 2014

(ARISING FROM CIVIL SUIT NO. 0025 OF 2012, CHIEF MAGISTRATE’S COURT)

BYARUHANGA JOSEPH :::::::::::::::::::::::::::::::::::::::::: APPELLANT

VERSUS

NALONGO ELIZABETH WANDERA ::::::::::::::::::::::: RESPONDENT

 

BEFORE: HON. JUSTICE BYABAKAMA MUGENYI SIMON

 

RULING

 

This court did set timelines on the 14-5-2015 for both parties to file written submissions.  The order was made in Miscellaneous Application No. 0019/2015 which arose out of this appeal as well as Civil Suit No. 0025/2012.

 

The appellant was supposed to file his submissions by 5-6-2015 and the respondent’s reply by 19-6-2015. Any rejoinder was to be filed by 26-6-2015.

 

Todate the appellant has not complied with the set timelines. He has even not applied for extension of time to do so.  No explanation has been given for this glaring omission. The non-filing of submissions is tantamount to failure to take the necessary step to prosecute the appeal.  The inference is that the appellant has lost interest in the appeal.

 

Mr. Kasangaki Simon for the respondent applied for dismissal of the appeal.  I am inclined to grant the said prayer and this appeal is accordingly dismissed with costs to the respondent.

 

……………………………………………….

BYABAKAMA MUGENYI SIMON

JUDGE

27-1-2016