Wakilii

Buchana Stephen v I & M Bank Uganda (Former Orient Bank (U) Ltd) (Civil Suit 760 2024)

High Court · [2025] UGCOMMC 349 · 2025 Suit Dismissed and Abated AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit dismissed for non-compliance with court directives and abatement
Decision
Suit dismissed and abated; defendant awarded costs

Observed later treatment

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Holding

The High Court dismissed the plaintiff's suit under Order 17 Rule 4 of the Civil Procedure Rules for failure to comply with court directives issued on 10 July 2025. The court further held that the suit abated under Order 11(a) of the Civil Procedure Amendment Rules because no summons for directions were taken out after the last pleading was filed on 15 July 2024. Costs were awarded to the defendant.

Outcome

Suit dismissed and abated; defendant awarded costs

Facts

The plaintiff filed Civil Suit 760/2024 against I & M Bank Uganda. On 10 July 2025, the court issued directives to the plaintiff in the presence of both parties and their counsel. The last pleading in the case was filed on 15 July 2024. On 18 September 2025, when the matter came up for mention, the plaintiff's counsel sought an adjournment on grounds that Dr. Mushabe David Gureme, who was in personal conduct of the matter, was indisposed. The defendant opposed the adjournment, noting that the plaintiff had been given sufficient time to file submissions on preliminary objections raised by the defendant, including an application for an abatement order. The court noted that the plaintiff had failed to comply with the directives issued on 10 July 2025 and that no summons for directions had been taken out since the last pleading was filed over a year earlier.

Issues

  1. Whether the plaintiff's failure to comply with court directives warranted dismissal of the suit under Order 17 Rule 4 of the Civil Procedure Rules.
  2. Whether the suit abated under Order 11(a) of the Civil Procedure Amendment Rules for failure to take out summons for directions.

Orders

  • Suit dismissed pursuant to Order 17 Rule 4 of the Civil Procedure Rules.
  • Matter abates in accordance with Order 11(a) of the Civil Procedure Amendment Rules.
  • Costs awarded to the defendant.

Rules and key headnotes

Civil Procedure — Dismissal for Non-Compliance — Order 17 Rule 4
Where a party to whom time has been granted fails to perform any act necessary to the further progress of the suit, including compliance with court directives, the court may exercise its discretion under Order 17 Rule 4 of the Civil Procedure Rules to proceed to decide the suit immediately and dismiss it.
Civil Procedure — Abatement — Failure to Take Out Summons for Directions
A suit abates under Order 11(a) of the Civil Procedure Amendment Rules where no summons for directions are taken out after the filing of the last pleading.
Civil Procedure — Court Directives — Obligation to Comply
Where the court issues directives, parties are not at liberty to choose whether or not to comply. It is incumbent upon a plaintiff to diligently prosecute their matter, and failure to comply with court directives results in unnecessary consumption of the court's valuable time and may warrant dismissal.

Legislation cited (2)

Full judgment

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

Buchana Stephen v I & M Bank Uganda (Former Orient Bank (U) Ltd) (Civil Suit 760 2024) [2025] UGCommC 349 (18 September 2025)
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.