Bazira Joseph Alias Mbazira v Semwogerere Robert and 2 Others (Civil Suit 430 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court declared the suit abated after the plaintiff failed to file a reply to the defendants' written statement of defence and failed to take out Summons for Directions within the mandatory 28 days as required under Order XI A rule 1(2) of the Civil Procedure (Amendment) Rules 2019.
Outcome
Suit abated for non-compliance with procedural requirements
Facts
The plaintiff filed the suit on 19 May 2022. The defendants filed their written statement of defence with leave of court on 22 September 2023. The plaintiff thereafter took no further action: he did not file a reply to the defence and did not take out Summons for Directions as required under Order XI A rule 1(2) of the Civil Procedure (Amendment) Rules 2019. On 13 December 2023, the defendants' counsel wrote to the court requesting that the suit be declared abated for failure to take out Summons for Directions within the mandatory 28-day period.
Issues
- Whether the suit should be declared to have abated for failure to take out Summons for Directions within the mandatory 28 days.
Orders
- Suit declared to have abated.
Rules and key headnotes
Legislation cited (1)
- Civil Procedure (Amendment) Rules 2019 Order XI A rule 1(2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.