Nassuna Milly and Others v Ahmed Ebrahim Tejani [2026] UGHCLD 75

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The plaintiffs sued for declarations of ownership, trespass, eviction, mesne profits and a permanent injunction over land at Mulago. After the defendant filed a written statement of defence, the plaintiffs filed no reply and there was no record of summons for directions being taken out. The court held that Order 11A, Rule 1(2) of the Civil Procedure Rules is mandatory: a plaintiff who has instituted proceedings by plaint must take out summons for directions within 28 days of the last reply or rejoinder, and Order 11A, Rule 1(6) provides that failure to do so causes the suit to abate. The 28 days having elapsed, the suit abated. No order as to costs.

Outcome

Suit abated for failure to take out summons for directions within the prescribed 28 days

Facts

The plaintiffs, as administrators of the estate of the late Abisagi Namukasa, filed a plaint on ECCMIS on 5 May 2025 seeking declarations that they were the rightful owners of land comprised in Kibuga Block 29, Plot 85 at Mulago measuring 0.28 acres, that the defendant was a trespasser, an eviction order, mesne profits and a permanent injunction. The defendant filed a written statement of defence on 1 July 2025. The plaintiffs filed no reply to the defence, and there was no proof on the record that they had taken out summons for directions after the defence was filed. By the time of the ruling, the 28-day period prescribed for taking out summons for directions had long elapsed.

Issues

1. Whether the plaintiffs' failure to take out summons for directions within 28 days of the filing of the written statement of defence caused the suit to abate under Order 11A, Rule 1(6) of the Civil Procedure Rules.

Orders

• The suit hereby abated under Order 11A, Rule 1(6) of the Civil Procedure Rules due to failure by the plaintiffs to take out summons for directions within 28 days from the date of filing of the written statement of defence as required under Order 11A, Rule 1(2).
• There is no order for costs.

Rules and key headnotes

Legislation cited (2)

• Civil Procedure Rules SI 71-1 O.11A r.1(2)
• Civil Procedure Rules SI 71-1 O.11A r.1(6)

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