Wakilii

Dar Al - Handasah Consultants (Shair And Partners) v MKM COMESA Company Limited (Miscellaneous Application 733 of 2022)

High Court · [2023] UGCOMMC 88 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application seeking to have the underlying suit declared abated for failure to extract summons for directions within the prescribed time
Decision
Application dismissed; underlying suit to proceed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that Civil Suit No. 156 of 2022 did not abate. Although the respondent filed summons for directions outside the prescribed 28-day period, the delay was due to extraneous circumstances beyond the respondent's control, specifically the validation process by the Court Registry taking 116 days. The Court must exercise discretion judiciously and consider all circumstances before concluding that a suit has abated. The application was dismissed with costs to the respondent.

Outcome

Application dismissed; underlying suit to proceed

Facts

On 21 March 2022, the respondent filed a plaint against the applicant for breach of contract. The applicant filed a written statement of defence on 1 April 2022, validated on 13 April 2022. The respondent filed a reply to the defence on 26 April 2022, but it was only validated by the Court Registrar on 19 August 2022, 116 days later. Under Order XIA Rule 1(2) of the Civil Procedure (Amendment) Rules 2019, the plaintiff must take out summons for directions within 28 days from the date of the last reply. The respondent attempted to take out summons for directions on 16 June 2022, before the reply was validated, and the summons were endorsed by the Court with timelines given. The applicant brought this application arguing the suit abated for failure to extract summons within the prescribed time.

Issues

  1. Whether Civil Suit No. 0156 of 2022 abated?
  2. What are the available remedies?

Orders

  • Civil Suit No. 0156 of 2022 has not abated.
  • Application dismissed with costs to the Respondent.

Rules and key headnotes

Civil Procedure — Summons for Directions — Effect of Delay in Court Validation Process
Where a party has taken reasonable steps to comply with the requirement to extract summons for directions within 28 days under Order XIA Rule 1(2) of the Civil Procedure (Amendment) Rules 2019, but compliance is prevented by delays in the Court's validation process which are beyond the party's control, the suit does not abate.
Civil Procedure — Abatement of Suit — Exercise of Court's Discretion
A court must exercise its discretion judiciously and consider all the circumstances of the case before concluding that a suit has abated for failure to comply with procedural requirements.
Civil Procedure — Filing of Documents — Effect of Validation by Registrar
A document is deemed to have been filed by a party when the document is validated by the Registrar of the Court, and the validation of documents is a process that is not within the control of a party to the suit.

Legislation cited (7)

Cases cited (2)

  • Ali Owor and Another v The Registered Trustees of Tororo Diocese (HCMA No. 148 of 2022)
  • Seruwu Jude v Swangz Avenue Ltd (HC Civil Appeal No. 39 of 2021)

Full judgment

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

Dar Al - Handasah Consultants (Shair And Partners) v MKM COMESA Company Limited (Miscellaneous Application 733 of 2022) [2023] UGCommC 88 (13 October 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.