Wakilii

Kananura v Housing Finance Bank and Mukunde [2025] UGCOMMC 64

High Court · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to review and set aside an order of abatement and reinstate Civil Suit No. 1121 of 2022
Decision
Application dismissed with costs to the respondents. Applicant to file a fresh suit if desired, subject to the law of limitation.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application to review and set aside the abatement order. The pendency of a temporary injunction application does not fall within the exceptions to the requirement to take out summons for directions within 28 days under Order XIA Rule 1(4) and (5) of the Civil Procedure Rules. The applicant failed to take out summons for directions within 200 days after filing of the last pleading, and the trial Judge correctly abated the suit pursuant to Order XIA Rule 1(6). The remedy for a party whose suit has been abated is to file a fresh suit subject to the law of limitation.

Outcome

Application dismissed with costs to the respondents. Applicant to file a fresh suit if desired, subject to the law of limitation.

Facts

The applicant filed Civil Suit No. 1121 of 2022 against the respondents for breach of contract and unlawful auction of land. The respondents filed their written statement of defence on 2 February 2023. The applicant did not take out summons for directions within the prescribed 28-day period. The trial Judge abated the suit on 22 August 2023, 200 days after the filing of the last pleading, for the applicant's failure to take out summons for directions. During this period, Miscellaneous Applications No. 447 and 446 of 2023 for interim and temporary injunction were pending before the Deputy Registrar. The applicant filed this application seeking to review and set aside the abatement order and reinstate the suit, contending that the pending injunction applications excused the obligation to take out summons for directions.

Issues

  1. Whether the order of abatement in Civil Suit No. 1121 of 2022 was made in error by the trial Judge and should be set aside and the suit reinstated for hearing inter partes.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Summons for Directions — Requirement and Timeline
Order XIA Rule 1(2) of the Civil Procedure Rules requires a plaintiff to take out summons for directions within 28 days from the date of the last reply or rejoinder, and under Order XIA Rule 1(6), a suit abates where the plaintiff fails to take out summons as prescribed.
Civil Procedure — Abatement — Exceptions to Requirement for Summons for Directions
The pendency of an application for a temporary injunction does not fall within the exceptions stipulated under Order XIA Rule 1(4) and (5) of the Civil Procedure Rules that excuse the requirement to take out summons for directions within 28 days.
Civil Procedure — Abatement — Remedy Available
Where a suit has abated under Order XIA Rule 1(6) of the Civil Procedure Rules, the remedy available to the plaintiff is to file a fresh suit subject to the law of limitation, not to file an application for review or reinstatement.

Legislation cited (17)

Cases cited (2)

  • Kamoga Nicholas v Nabukeera Robina (HCMA No. 505 of 2023)
  • Abdul Ddamulira v Xsabo Power Limited (HCMA No. 046 of 2021)

Full judgment

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

Kananura v Housing Finance Bank and Mukunde 2025 UGCommC 64 (17 February 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.