Wakilii

Oliver Namarome Kalenda v Cranimer Luku (Civil Suit No. 1176 of 2024)

High Court · [2025] UGHCLD 155 · 2025 Suit Abated AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaratory orders regarding land ownership and estate distribution
Decision
Suit abated for non-compliance 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

The suit abated under Order 11A Rule 1(6) of the Civil Procedure Rules due to the Plaintiff's failure to take out summons for directions within 28 days from the date of filing of the Written Statement of Defence. The use of the word 'shall' in Order 11A Rule 1(2) makes compliance mandatory.

Outcome

Suit abated for non-compliance with procedural requirements

Facts

The Plaintiff, a beneficiary of the late Koseya Kuloba's estate, filed suit claiming exclusive ownership of Block 167, Plot 626, alleging that the Defendant wrongfully registered the land in his name and distributed the estate without authority. The Plaintiff claimed the suit land included her late father's grave and that she was entitled to it under her father's will. The Plaintiff filed her plaint on 11 December 2024. The Defendant filed his Written Statement of Defence on 10 January 2025. The Plaintiff did not file a reply and failed to take out summons for directions within the prescribed 28-day period.

Issues

  1. Whether the Plaintiff complied with the mandatory requirement to take out summons for directions within 28 days from the date of filing of the Written Statement of Defence.

Orders

  • The suit abated under Order 11A, Rule 1(6) of the Civil Procedure Rules due to failure by the Plaintiff to take out Summons for directions within 28 days from the date of filing of the Written Statement of Defence.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Summons for Directions — Mandatory Compliance — Abatement
Where a suit has been instituted by way of plaint, the Plaintiff must take out summons for direction within 28 days from the date of the last reply or rejoinder, and failure to comply results in automatic abatement of the suit under Order 11A Rule 1(6) of the Civil Procedure Rules.
Civil Procedure — Statutory Interpretation — Use of 'Shall' — Mandatory Provisions
The use of the word 'shall' in Order 11A Rule 1(2) of the Civil Procedure Rules connotes that compliance with the requirement to take out summons for directions is mandatory, not discretionary.

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.

Oliver_Namarome_Kalenda_v_Cranimer_Luku_(Civil_Suit_No._1176_of_2024)_[2025]_UGHCLD_155_(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.