Wakilii

Bukko Namutebi v Namutebi Kuruda (Civil Suit No. 219 of 2022)

High Court · [2023] UGHCLD 486 · 2023 Suit Abated AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for damages and permanent injunction dismissed for failure to comply with procedural requirements
Decision
Suit abated for non-compliance with procedural requirements

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court Land Division ruled that a civil suit abates where the plaintiff fails to file summons for directions within 28 days from the date of the last reply as required by Order XIA rule 1(2) of the Civil Procedure Amendment Rules 2019. The suit was dismissed six months after the last reply without the required summons being filed.

Outcome

Suit abated for non-compliance with procedural requirements

Facts

The plaintiff filed a civil suit on 15 January 2022 seeking damages and a permanent injunction. The defendants filed their written statements of defence on 29 November 2022 and 9 December 2022 respectively. Six months elapsed from the date of the last reply without the plaintiff taking out summons for directions as required by the Civil Procedure Amendment Rules 2019.

Issues

  1. Whether the suit should abate for failure to file summons for directions within the prescribed time limit.

Orders

  • Suit abates in accordance with Order XIA rule 1(2) of the Civil Procedure Amendment Rules 2019.

Rules and key headnotes

Civil Procedure — Summons for Directions — Mandatory Time Limit — Consequence of Non-Compliance
Where a suit has been instituted by way of plaint, the plaintiff must take out summons for directions within 28 days from the date of the last reply or rejoinder, and failure to comply results in the suit abating.

Legislation cited (2)

  • Civil Procedure Amendment Rules 2019 Order XIA rule 1(2)
  • Civil Procedure Amendment Rules 2019 Order VIII rule 18(5)

Full judgment

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

Bukko_Namutebi_v_Namutebi_Kuruda_(Civil_Suit_No._219_of_2022)_[2023]_UGHCLD_486_(29_June_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.