The High court sitting in Lira has denied an application to set aside a court order seeking to dismiss a 2013 land appeal suit.
In August 2024, Jimmy Okao and Sam Ojok (now deceased) filed an application praying to have the order of justice Duncan Gaswaga dismissing land appeal no.003 of 2013 set aside and the appeal reinstated for hearing on merit.
In their application, the duo argued that because the land dispute is contentious, the interest of justice dictates that the application is allowed and the appeal heard on merit. They further claimed that although he (Okao) was diligently following the appeal from 2013 to 2022 when the appeal lost its position, it was dismissed without their notice.
However, in his ruling, justice Okello argued that dismissing the order which was issued over a decade ago in favour of Anyinge would open an opportunity for more suits.
“By applicant’s own words, the decree-holders have since sold part of the suit land. This court is disinclined to re-open the gate wide for multiple suits when the applicant in the first place never bothered to prosecute his appeal for over a decade.”
“I decline the application and dismiss it with costs to be paid by the applicant to the respondents,” Okello ruled.
He wondered why Okao never bothered to obtain a restraining order to protect his alleged interests in the suit land or exhibited seriousness in pursuing the appeal until after six months when his appeal was dismissed.
“I wish to add that a litigant who does not wish to prosecute his/her case, should never file it in the first place and if he/she files one but fails to prosecute, court can do no better than to discontinue it. Litigation should not be treated as an indefinite past-time.”
He added: “Complainants should appreciate the pressure on the courts due to great increase in court cases and work-load which require courts to strike a balance between the need to conduct legal business efficiently in the interest of the whole community.”
The order dismissing the appeal was issued by justice Gaswaga in June 2023, when Ojok and Okao who have been involved in a land dispute with Florence Anyinge, Geoffrey Apita and Paul Ojok failed to appear in court on several occasions when the appeal was scheduled for hearing.
In his ruling, Gaswaga said “For quite a long time the parties herein have not followed up nor taken any steps to have this matter heard and concluded. On 24/2/2022, counsel for the appellant (Okao) confirmed that she had lost touch with her clients. This is a clear indication that the parties have lost interest in having the matter prosecuted and concluded. Accordingly, it is hereby dismissed and the file closed.”
Ojok had appealed the 2013 ruling of the Magistrate’s court which gave back ownership of the disputed and to Anyinge and her group.
