Wakilii

Grace Tendo Nakalembe v Badru Bunkeddeko (Civil Suit No. 1215 of 2024)

High Court · [2025] UGHCLD 386 · 2025 Suit Abated AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of ownership and trespass
Decision
Suit abated for failure to take out summons for directions within the prescribed time

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that a suit abates automatically where the plaintiff fails to take out summons for directions within 28 days from the date of filing of the defendant's written statement of defence. The word 'shall' in Order 11A Rule 1(2) of the Civil Procedure Rules makes compliance mandatory. The plaintiff's failure to comply resulted in automatic abatement under Order 11A Rule 1(6).

Outcome

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

Facts

The plaintiff filed a suit on 21 December 2024 seeking declarations of ownership over two parcels of land, a declaration that the defendant's acts amounted to trespass, a permanent injunction, general damages, interest and costs. The defendant filed his written statement of defence on 24 January 2025. The plaintiff did not file a reply and did not take out summons for directions within 28 days from the date of filing of the written statement of defence as required by Order 11A Rule 1(2) of the Civil Procedure Rules.

Issues

  1. Whether the suit should abate for failure by the Plaintiff to take out summons for directions within 28 days from the date of filing of the 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

Civil Procedure — Summons for Directions — Mandatory Requirement — Abatement
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 do so results in automatic abatement of the suit under Order 11A Rule 1(6) of the Civil Procedure Rules.
Civil Procedure — Statutory Interpretation — Use of 'Shall' — Mandatory Compliance
The use of the word 'shall' in a procedural rule connotes that compliance with the provision is mandatory and not discretionary.

Legislation cited (2)

Cases cited (1)

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

Full judgment

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

Grace_Tendo_Nakalembe_v_Badru_Bunkeddeko_(Civil_Suit_No._1215_of_2024)_[2025]_UGHCLD_386_(20_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.