Civil Procedure

Ayub Sulaiman v Salim Kabambalo ((Civil Appeal No.32 Of 1995)) [1998] UGSC 5 (24 March 1998);

Flynote: 

Search Summary: 

This was an appeal that arose from ruling and Orders of the High Court dismissing an application to review an earlier order. The appeal was based on grounds that, the trail judge erred in law and fact when he failed to appreciate the principle that litigation in land matters ought to have been resolved on merit and not on procedural elements.

Headnote and Holding: 

From the evidence that was adduced, it was found that the appellant was guilty of laches, and there was no sufficient cause for the inordinate delay. Further, it was found that the matter had been dragging on in court for eight years due to adjournments that were always granted at the instance of the appellant. this was proof that the appellant had lost interest in the case.

 

Thus, the application had to fail. The appeal was accordingly dismissed.

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