Wakilii

Intertech Industrial Machinery (U) Limited and Another v Kizito (Miscellaneous Application No. 304 of 2021)

High Court · [2022] UGCOMMC 84 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out civil suit for failure to comply with procedural rules
Decision
Civil Suit No. 918 of 2020 abated and struck out; all pending applications closed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court struck out Civil Suit No. 918 of 2020 for non-compliance with Order XIA of the Civil Procedure Amendment Rules 2019. The plaintiff failed to take out summons for directions within 28 days from the date of filing the last reply as required by law. The defendants' written statement of defence was filed on 4 December 2020, and no summons for directions was taken out thereafter. The suit abated and was struck out with costs to the defendants.

Outcome

Civil Suit No. 918 of 2020 abated and struck out; all pending applications closed

Facts

The applicants (defendants in Civil Suit No. 918 of 2020) filed their written statement of defence on 4 December 2020. The respondent (plaintiff in the main suit) was required under Order XIA rules 2 and 6 of the Civil Procedure Amendment Rules 2019 to take out summons for directions within 28 days from the date of filing the last reply. The court record showed no evidence that the plaintiff ever took out summons for directions as required by law. The applicants moved the court to strike out the suit for this non-compliance.

Issues

  1. Whether Civil Suit No. 918 of 2020 should be struck out for failure to take out summons for directions within 28 days as required by Order XIA rules 2 and 6 of the Civil Procedure Amendment Rules 2019.

Orders

  • Civil Suit No. 918 of 2020 struck out.
  • Costs awarded to the Defendants (Applicants in the instant Application).
  • All pending Applications arising from the said Civil Suit overtaken by events and respective files closed.
  • Each party to bear their own costs in respect of the Applications.

Rules and key headnotes

Civil Procedure — Summons for Directions — Mandatory Requirement under Order XIA
Under Order XIA rules 2 and 6 of the Civil Procedure Amendment Rules 2019, a plaintiff is required to take out summons for directions within 28 days from the date of filing the last reply, and failure to comply results in the suit abating and being struck out.

Legislation cited (2)

  • Civil Procedure Amendment Rules 2019 Order XIA rule 2
  • Civil Procedure Amendment Rules 2019 Order XIA rule 6

Full judgment

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

Intertech Industrial Machinery (U) Limited and Another v Kizito (Miscellaneous Application No. 304 of 2021) [2022] UGCommC 84 (24 May 2022)
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.