Wakilii

Busulwa Emmanuel v Jessica Nsungwa Sabiiti (Miscellaneous Application No. 2084 of 2024)

High Court · [2025] UGHCLD 388 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application arising from Civil Suit No. 68 of 2023 seeking abatement and dismissal for want of prosecution
Decision
Civil Suit No. 68 of 2023 declared abated; application granted with costs to the applicant

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Holding

The High Court held that Civil Suit No. 68 of 2023 abated due to the plaintiff's failure to take out summons for direction within the prescribed time under Order 11A Rule 1(2) and (6) of the Civil Procedure Rules. The plaintiff's inordinate and unexplained delay of two years and four months, coupled with failure to take timely steps to serve the second defendant or apply to proceed ex parte, violated the defendant's constitutional right to a speedy hearing under Article 28(1). Procedural rules ensuring timely hearing cannot be cast aside as mere technicalities as they enforce non-derogable constitutional rights.

Outcome

Civil Suit No. 68 of 2023 declared abated; application granted with costs to the applicant

Facts

The respondent filed Civil Suit No. 68 of 2023 against two defendants on 23 January 2023. The applicant (first defendant) filed his written statement of defence on 24 February 2023 and served it on the respondent's lawyers on 27 February 2023. The respondent attempted to serve the second defendant on 10 February 2023 but was unsuccessful. The respondent took no further action until June 2025, when she filed documents seeking to proceed ex parte against the second defendant—a delay of approximately two years and four months. The suit came up for mention on 14 September 2023 and 16 October 2023, but the respondent failed to appear on both occasions. On the second date, the Registrar directed that the file be forwarded to a judge for dismissal. The applicant then filed this application in August 2024 seeking abatement and dismissal for want of prosecution.

Issues

  1. Whether Civil Suit No. 68 of 2023 should abate?
  2. Whether Civil Suit No. 68 of 2023 should be dismissed for want of prosecution?

Orders

  • Civil Suit No. 68 of 2023 abated due to the inordinate and delayed action by the Respondent to take out summons for direction.
  • The Applicant is awarded costs of this Application.

Rules and key headnotes

Civil Procedure — Abatement — Failure to Take Out Summons for Direction — Order 11A Rule 1(2) and (6)
Where a plaintiff fails to take out summons for direction within 28 days from the date of the last reply or rejoinder as required by Order 11A Rule 1(2) of the Civil Procedure Rules, the suit shall abate under Order 11A Rule 1(6).
Civil Procedure — Constitutional Right to Speedy Hearing — Procedural Rules as Enforcement Mechanisms
Procedural rules intended to ensure timely hearing and disposal of cases fall within the ambit of Article 28(1) of the Constitution (right to fair and speedy hearing) and cannot be cast aside as mere technicalities, as they enforce a non-derogable right. Article 126(2)(e) requiring substantive justice without undue regard to technicalities is subject to Article 28(1).
Civil Procedure — Service of Process — Duty to Explore Alternative Methods — Substituted Service
Where a plaintiff encounters difficulty in serving a defendant, the plaintiff must take concrete and timely steps to effect service, including affixing summons in a conspicuous place under Order 5 Rule 15 or applying for substituted service under Order 5 Rule 18 of the Civil Procedure Rules. Failure to explore these options constitutes failure to act expeditiously.
Civil Procedure — Plaintiff's Duty to Prosecute — Expeditious Determination
A plaintiff who is in pursuit of a remedy should take all necessary steps at his disposal to achieve an expeditious determination of his claim. Failure to do so may result in abatement or dismissal.
Civil Procedure — Delay — Factors for Consideration — Prejudice to Defendant
In assessing whether delay warrants abatement or dismissal, courts consider factors including the length of delay, excuses offered, degree of non-compliance with rules, prejudice to the defendant, effect on trial, conduct of parties, and any contribution by the defendant to the delay.

Legislation cited (16)

Cases cited (3)

  • Kampala Associated Advocates v Katamba Ssemakula (Miscellaneous Application No. 677 of 2021)
  • Phelps v Button [2016] EWHC 3185
  • Nilani v Patel & others (1969) EA 340

Full judgment

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

Busulwa_Emmanuel_v_Jessica_Nsungwa_Sabiiti_(Miscellaneous_Application_No._2084_of_2024)_[2025]_UGHCLD_388_(24_November_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.