Wakilii

Kemigisha Margaret and Another v Adman Source & Contacts Ltd and Another (Civil Suit No. 383 of 2021)

High Court · [2025] UGHCLD 153 · 2025 Suit Abated AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for trespass and injunction dismissed for procedural non-compliance
Decision
Suit abated for failure to comply with procedural requirements

Observed later treatment

No later-treatment classification is recorded for this judgment.

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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

Held that where a plaintiff fails to take out summons for directions within 28 days from the date of the last reply or rejoinder as required by Order 11A Rule 1(2) of the Civil Procedure Rules, the suit shall abate under Order 11A Rule 1(6). The use of the word 'shall' makes compliance mandatory. The suit abated with no order as to costs.

Outcome

Suit abated for failure to comply with procedural requirements

Facts

The Plaintiffs, joint registered proprietors of land comprised in Busiro Block 383 Plot 11098 at Kitende, Bwebajja, filed suit alleging that the Defendants trespassed on their land in 2016 by erecting a billboard without consent and derived monetary gains from advertisements displayed thereon. A boundary verification report confirmed the billboard was on the Plaintiffs' land. The Plaintiffs filed their plaint on 26 April 2021. The Defendants filed a Written Statement of Defence on 25 May 2021. The Plaintiffs filed no reply and did not take out summons for directions within the prescribed 28-day period.

Issues

  1. Whether the suit should abate for failure by the Plaintiffs 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 — Consequence of Non-Compliance
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 as required by Order 11A Rule 1(2) of the Civil Procedure Rules. The use of the word 'shall' makes compliance mandatory. If the plaintiff does not take out summons for directions, the suit shall abate under Order 11A Rule 1(6).

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.

Kemigisha_Margaret_and_Another_v_Adman_Source_&_Contacts_Ltd_and_Another_(Civil_Suit_No._383_of_2021)_[2025]_UGHCLD_153_(28_July_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.