Wakilii

Hussein Mohammed And 7 Ors v Waheed Karim & 2 Ors. (Cv. Cs. No. 501 Of 05) (Cv. Cs. No. 501 of 05)

High Court · [2005] UGHC 118 · 2005 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit dismissed on preliminary procedural grounds
Decision
Suit dismissed for procedural non-compliance

Observed later treatment

No later-treatment classification is recorded for this judgment.

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.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Suit dismissed for non-service of summons to file a defence within the prescribed twenty-one day period under Order 5 Rule 1 as amended by the Civil Procedure (Amendment) Rules 1998. Court found the suit was not res judicata as the issues in the earlier appeal differed from those in the present suit.

Outcome

Suit dismissed for procedural non-compliance

Facts

The plaintiffs filed a civil suit. Summons to file a defence were issued by the Court on 12 May 2005. The defendants raised the preliminary issue that the suit was res judicata based on a judgment in High Court Civil Appeal No. 41 of 2003. The Court examined whether the suit was barred by res judicata and whether proper service of summons had been effected within the statutory timeframe.

Issues

  1. Whether the suit was res judicata in light of the judgment in High Court Civil Appeal No. 41 of 2003.
  2. Whether the summons to file a defence were served within the prescribed period of twenty-one days under Order 5 Rule 1 as amended.

Orders

  • Suit dismissed for non-service of summons to file a defence within the prescribed time.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Service of Process — Time Limits — Mandatory Requirement for Service Within Prescribed Period
Where summons to file a defence are issued but not served upon the defendants within the prescribed period of twenty-one days in accordance with Order 5 Rule 1 as amended by the Civil Procedure (Amendment) Rules 1998, and there is no application for extension of time, the suit is liable to be dismissed for non-service.

Legislation cited (2)

  • Civil Procedure (Amendment) Rules 1998
  • Order 5 Rule 1

Cases cited (1)

  • High Court Civil Appeal No.41 of 2003

Full judgment

↓ Download PDF

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

Hussein Mohammed And 7 Ors v Waheed Karim & 2 Ors. (Cv. Cs. No. 501 Of 05) (Cv. Cs. No. 501 of 05) [2005] UGHC 118 (17 August 2005)
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.