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Showing posts with the label Dismissal for want of prosecution

DOCTRINE OF INORDINATE DELAY & THE DISCRETION OF COURT

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Inordinate Delay causing Dismissal of cases; A legal opinion.    In the criminal justice system, every accused has a right to due process and to speedy disposition of cases. Parties to a suit are supposed to act within all means to ensure that litigation is not elongated to a lifetime project as this comes with a strain of expenses to both parties. The justice process today is greatly hindered by non-co-operative, negligent and dilatory litigants, which oftentimes prejudices the interests of a litigant not in default.  “It is trite law that justice is both for the Plaintiff and Defendant.” It is good practice that any litigant should from the start of litigation, be mindful of the other party’s ardent need for a remedy. In Ketti Nakanja v. Yafesi Wamala & Anor HCMA No. 001/2019 court stated that it is unfair for the Plaintiff to file a suit and take 14 years in Court without conclusion of the suit.” Inordinate delay to prosecute matters has proved hazardous to the justice sought b