Wakilii

Amina Nakitto and Another v Tumusiime Levi and Others [2026] UGHCLD 209

High Court · 2026 Suit Abated AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Court's own-motion ruling on the status of a first instance land suit in which the plaintiffs had not taken out summons for directions
Decision
Suit declared abated for failure to take out summons for directions; no costs ordered

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court, reviewing the record, found that no summons for directions had been taken out by the plaintiffs, no joint scheduling memorandum had been filed and no trial bundles were on record, the last step in the proceedings having been taken in May 2024. Order 11A, Rule 1(6) of the Civil Procedure Rules provides that where a plaintiff fails to take out summons for directions the suit shall abate. The court accordingly declared the suit abated by operation of that rule and made no order as to costs.

Outcome

Suit declared abated for failure to take out summons for directions; no costs ordered

Facts

The plaintiffs filed a land suit against five defendants in the Land Division. The electronic court record showed that the last step taken in the matter was the filing of submissions in rejoinder on 22 May 2024 in one of two interlocutory applications. Both applications were subsequently disposed of: Miscellaneous Application No. 2397 of 2024 was dismissed on 10 September 2024 and a ruling was delivered in Miscellaneous Application No. 2437 of 2024 on 13 September 2024. On 16 September 2024 the then trial judge noted that the main suit was before the Deputy Registrar for summons for directions. The record contained no indication that summons for directions were ever taken out by the plaintiffs, and no joint scheduling memorandum or trial bundles had been filed by any party.

Issues

  1. Whether the suit abated for failure by the plaintiffs to take out summons for directions under Order 11A, Rule 1(6) of the Civil Procedure Rules.

Orders

  • The suit is abated under Order 11A, Rule 1(6) of the Civil Procedure Rules SI 71-1 due to failure by the plaintiffs to take out summons for directions.
  • There is no order for costs.

Rules and key headnotes

Civil Procedure — Summons for Directions — Abatement of Suit under Order 11A r.1(6) CPR
Where a plaintiff fails to take out summons for directions, the suit abates by operation of Order 11A, Rule 1(6) of the Civil Procedure Rules, and the court may so declare on examining the record without a formal application by the defendant.

Legislation cited (1)

Full judgment

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Amina Nakitto and Another v Tumusiime Levi and Others [2026] UGHCLD 209 (2 June 2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.