Wakilii

Bamanyisa and 156 Others v National Forestry Authority (HCT-01-LD-CS 27 of 2020)

High Court · [2023] UGHC 271 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Oral application by defendant to dismiss suit on grounds of abatement for failure to take out summons for directions within 28 days of closure of pleadings
Decision
Application dismissed; suit to continue to hearing on the merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that a suit does not automatically abate for failure to take out summons for directions within 28 days where subsequent court directions have been issued and the case has progressed. Order XIA of the Civil Procedure Rules should be applied on a case-by-case basis to curtail delays, not as a sword to strike out live claims. Where court had issued directions for filing of scheduling memoranda and witness statements, and a boundary opening application was pending, the purpose of summons for directions had been served and substantive justice required the suit to proceed on the merits.

Outcome

Application dismissed; suit to continue to hearing on the merits

Facts

The plaintiffs filed a land suit in October 2020 seeking declaration that approximately 600 acres in Kyenjojo District belonged to them by way of first acquisition. Summons to file defence were served on 7 October 2020. The defendant filed a written statement of defence and counterclaim on 3 November 2020, and the plaintiffs filed a reply on 19 November 2020, closing the pleadings. No summons for directions were taken out within the prescribed 28 days. When the suit came up for hearing on 31 October 2023, nearly three years later, the defendant raised an objection that the suit had abated under Order XIA of the Civil Procedure Rules. However, on 21 March 2023, court had issued directions for filing of joint scheduling memoranda and trial bundles. On 15 May 2023, the plaintiffs filed an application for boundary opening. The defendant sought dismissal on the basis that the mandatory 28-day time limit had not been complied with.

Issues

  1. Whether or not Land Civil Suit No. 027 of 2020 abated for failure to take out summons for directions within 28 days of closure of pleadings

Orders

  • Application to dismiss suit on grounds of abatement dismissed.
  • Case to proceed on the merits.

Rules and key headnotes

Civil Procedure — Abatement of Suit — Order XIA — Failure to Take Out Summons for Directions — Application on Case-by-Case Basis
Order XIA of the Civil Procedure (Amendment) Rules 2019 requiring summons for directions to be taken out within 28 days of closure of pleadings should be applied on a case-by-case basis and not universally. Where court has subsequently issued directions advancing the case and applications are pending, the purpose of the summons for directions has been fulfilled and the suit should not abate.
Civil Procedure — Statutory Interpretation — 'Shall' as Mandatory or Directory — Legislative Intent
The auxiliary verb 'shall' in a legislative provision should ordinarily be given compulsory meaning as denoting an obligation, but may be construed as directory where necessary to carry out legislative intent, particularly where no right or benefit accrues to any party and no public or private right is impaired by a directory interpretation.
Civil Procedure — Right to Fair Hearing — Substantive Justice — Articles 28 and 44 of the Constitution
Articles 28 and 44 of the Constitution stress the right to a fair hearing which includes affording parties an opportunity to present their cases. Technical non-compliance with procedural rules should not be used to strike out live claims where substantive justice requires the matter to be heard on the merits.

Legislation cited (6)

Cases cited (3)

  • Geofrey Waswa v Amy for Africa Ltd & 2 Others (Civil Suit No. 127 of 2020)
  • Kagimu Moses Gava & 7 Others v Sekatawa Muhammad & 11 Others (Civil Appeal No. 25 of 2020)
  • Gama Distillers Ltd v Bikanza Ezra (Civil Suit No. 0060 of 2021)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Bamanyisa and 156 Others v National Forestry Authority (HCT-01-LD-CS 27 of 2020) [2023] UGHC 271 (7 December 2023)
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.