Wakilii

Lumbuye William Nsamba v Trevor Lwanga (Civil Suit No. 86 of 2022)

High Court · [2023] UGHCLD 483 · 2023 Suit Abated AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for eviction, damages, and injunction
Decision
Suit abated for failure to take out summons for directions

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

The High Court Land Division held that a suit abates where the plaintiff fails to take out summons for directions within 28 days from the date of the last reply or rejoinder as required by Order XIA rule 1(2) of the Civil Procedure Amendment Rules 2019. The plaintiff's failure to comply with this mandatory procedural requirement resulted in the suit abating.

Outcome

Suit abated for failure to take out summons for directions

Facts

The plaintiff filed a civil suit on 26 January 2022 seeking an eviction order, damages, permanent injunction, interest and costs against the defendant. The plaintiff took out summons to file a defence which were endorsed. However, according to the court record, the plaintiff did not take out summons for directions as required by the Civil Procedure Amendment Rules 2019.

Issues

  1. Whether the suit should abate for failure to take out summons for directions within the prescribed time.

Orders

  • Suit abates in accordance with Order XIA rule 1(2) of the Civil Procedure Amendment Rules 2019.

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, and failure to comply with this mandatory requirement results in the suit abating.

Legislation cited (2)

  • Civil Procedure Amendment Rules 2019 Order XIA rule 1(2)
  • Civil Procedure Amendment Rules 2019 Order VIII rule 18(5)

Full judgment

↓ Download PDF

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

Lumbuye_William_Nsamba_v_Trevor_Lwanga_(Civil_Suit_No._86_of_2022)_[2023]_UGHCLD_483_(29_June_2023)
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.