Fauzi Kaliisa and 5 Others v Safiya Babirye Kasirye and Another (Civil Suit No. 976 of 2024)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that a suit abates under Order 11A Rule 1(6) of the Civil Procedure Rules where the plaintiff fails to take out summons for directions within 28 days from the date of the last reply or rejoinder. The word 'shall' in Order 11A Rule 1(2) connotes mandatory compliance. The plaintiffs having failed to comply with this mandatory requirement, the suit abated.

Outcome

Suit abated for failure to take out summons for directions within the prescribed time

Facts

The plaintiffs, biological children of the late Safina Namugga Kasule, filed suit seeking declarations that they were entitled to their late mother's share in land comprised in Block 38, Plots 356 and 357, Wandegeya, which had been bequeathed to her by their grandfather. They alleged that after their mother's death in 1986, the first defendant connived with the Commissioner Land Registration to remove their mother's name from the register without letters of administration and without their knowledge or consent. The first defendant allegedly collected rental proceeds without sharing with the plaintiffs. The plaintiffs filed their plaint on 21 October 2024. The defendants filed their written statements of defence on 2 December 2024 and 18 December 2024 respectively. The plaintiffs filed no replies and did not extract summons for directions within 28 days of the last defence being filed.

Issues

1. Whether the suit abated for failure by the Plaintiffs to take out summons for directions within 28 days from the date of filing of the last Written Statement of Defence.

Orders

• Suit abated under Order 11A Rule 1(6) of the Civil Procedure Rules.
• No order as to costs.

Rules and key headnotes

Legislation cited (2)

• Civil Procedure Rules SI 71-1 Order 11A Rule 1(2)
• Civil Procedure Rules SI 71-1 Order 11A Rule 1(6)

Cases cited (1)

• Abdu Kiwanuka Yiga v Abubaker Kaddu Kiberu (Miscellaneous Application No. 386 of 2022)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Safiya Babirye Kasule v Fauzi Kaliisa and 5 Others (Miscellaneous Application No. 105 of 2025)

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