High Court to cancel over 1,000 cases
Feb 28, 2010
THE family division of the High Court is to dismiss over 1,000 cases because of delayed prosecution.
By Hillary Nsambu
THE family division of the High Court is to dismiss over 1,000 cases because of delayed prosecution.
The division’s deputy registrar, David Batema, disclosed over the weekend that a total of 1,364 cases will be thrown out because they have failed to prosecute them since 2000.
“Despite our summons, the applicants have failed or neglected to come to court to be heard. We have come to the conclusion that they are no longer interested in
pursuing them,†Batema said.
The family division handles petitions for administration of estates of deceased persons, adoption, guardianship or paternity and maintenance of children.
It also hears marriage and divorce cases, civil suits and appeals arising from poor distribution or mismanagement of estates.
Batema also said 250 cases had so far been dismissed because they have not been prosecuted.
He explained that in most of those cases, people had failed to satisfy the requirements.
“Some applicants failed to present original wills, valid identifications or certificates of no objection from the Administrator General.
“Many others fail to return to court for final identification, even after advertising in the newspapers,†Batema explained.
He said about 300 applications had also stalled because there were caveats on them.
“Some of them have nothing to lose if the applications are delayed or not granted. However, such caveats cannot remain on record. If the applicants have not bothered to sue the caveators in defence of their applications, the court shall dismiss such applications.â€
He noted that some of the prominent applications include that of the Rev. John Waliggo, a member of the Uganda Human Rights Commission, who died on a plane from South Africa where he had undergone medical treatment.
Other cases involved Zimula Mugwanya, a businessman, and former army commander Brig. Gen. James Kazini, who was murdered last year.
THE family division of the High Court is to dismiss over 1,000 cases because of delayed prosecution.
The division’s deputy registrar, David Batema, disclosed over the weekend that a total of 1,364 cases will be thrown out because they have failed to prosecute them since 2000.
“Despite our summons, the applicants have failed or neglected to come to court to be heard. We have come to the conclusion that they are no longer interested in
pursuing them,†Batema said.
The family division handles petitions for administration of estates of deceased persons, adoption, guardianship or paternity and maintenance of children.
It also hears marriage and divorce cases, civil suits and appeals arising from poor distribution or mismanagement of estates.
Batema also said 250 cases had so far been dismissed because they have not been prosecuted.
He explained that in most of those cases, people had failed to satisfy the requirements.
“Some applicants failed to present original wills, valid identifications or certificates of no objection from the Administrator General.
“Many others fail to return to court for final identification, even after advertising in the newspapers,†Batema explained.
He said about 300 applications had also stalled because there were caveats on them.
“Some of them have nothing to lose if the applications are delayed or not granted. However, such caveats cannot remain on record. If the applicants have not bothered to sue the caveators in defence of their applications, the court shall dismiss such applications.â€
He noted that some of the prominent applications include that of the Rev. John Waliggo, a member of the Uganda Human Rights Commission, who died on a plane from South Africa where he had undergone medical treatment.
Other cases involved Zimula Mugwanya, a businessman, and former army commander Brig. Gen. James Kazini, who was murdered last year.