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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

ENTIRE CIVIL PROCEDURE & LITIGATION IN SUMMARY

  CIVIL PROCEDURE PRACTICE   1.     COMMENCEMENT OF PROCEEDINGS:   (1) Civil Procedure Act:  S.2 definition section manson house case.  S.3 Affirmation of powers of court to hear cases unless limited otherwise by law. S.19 every suit shall be instituted in the manner required by the law.   (II)     Civil Procedure Rules  (as amended)      0.4     Institution of suit by presentation of plaint to the court, and     entry on register.  R1. Court fees must be paid (look at decided cases)                              0.36:         Summary procedure on specially endorsed plaint, judgment in default, setting aside decree.   0.37:          Circumstances of originating summons, trustees etc vendor of land, mortgage member of partnership, discretionary nature of order there under.       0.38:         Company matters except winding up, application by petitions, r.3    Application by motion: rectification of register or summons in    chambers r.4    Applica