Tabisa Nambozo v Yonasani Nassar and Another (Civil Appeal No. 86 of 1970) [1977] EACA 1 (31 May 1977)
Before: – The Honourable Mr. Justice P.A.P.J. Allen
31/5/77. Neither party present
Order:
This is an appeal against the Order for costs of the Chief Magistrate at Mbale on 9th September, 1970, in an appeal in which he ordered a retrial of the suit before a magistrate grade II and costs of the appeal, amounting
to shs.150/-, to be costs in the cause.
The appellant claimed that since the appeal was allowed she should have been given her costs. Neither party appeared in Court. This
appeal has now been placed six times before this Court and each hearing was fixed by the Court and not at the request of the appellant
who has shown no interest at all in the appeal nor has she appeared in Court on any occasion since filing the appeal in October,
1970, six and a half years ago.
This may be because it is an appeal over a trivial sum of money. In any event I can so no good reason for prolonging the matter.
I also note that the first respondent died several years ago. Accordingly this appeal is dismissed for lack of prosecution under
Order 39 Rule 31 C.P.R.