Wakilii

Simba v Akuku (Miscellaneous Application No. 17 of 2021)

High Court · [2023] UGHCCD 81 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out plaint for abatement arising from Civil Suit No. 007 of 2019
Decision
Civil Suit No. 007 of 2019 struck out for abatement

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a plaintiff fails to take out summons for directions within 28 days from the date of the last reply as required by Order XIA rule 1(2) of the Civil Procedure (Amendment) Rules 2019, the suit abates under Order XIA rule 1(6). The exceptions under Order 11A rule 1(4) do not apply where an interlocutory judgment was subsequently set aside and the defendant allowed to file a defence. Mediation commenced but not pursued or completed within the prescribed 60 days under the Judicature (Mediation) Rules 2013 does not prevent abatement. Application allowed and suit struck out.

Outcome

Civil Suit No. 007 of 2019 struck out for abatement

Facts

The respondent filed Civil Suit No. 007 of 2019 against the applicant and Pakelle Sub County claiming ownership of land and seeking eviction orders. Summons to file a defence were served on the applicant. On 19 January 2020, the respondent obtained interlocutory judgment and the suit was set down for ex parte hearing. The applicant successfully applied to set aside the interlocutory judgment and was granted leave to defend. The applicant filed his written statement of defence. The respondent filed his last reply on 7 December 2020. The matter was referred for mediation on 9 December 2020. More than 30 days elapsed without the respondent taking out summons for directions as required by the Civil Procedure (Amendment) Rules 2019. The applicant then filed this application on 4 March 2021 seeking to strike out the plaint on grounds that the suit had abated.

Issues

  1. Whether the respondent's plaint in Civil Suit No. 007 of 2019 should be struck out for abatement due to failure to take out summons for directions within 28 days of the last reply.
  2. Whether the exceptions under Order 11A rule 1(4) of the Civil Procedure Rules apply to exempt the respondent from the requirement to take out summons for directions.

Orders

  • Application allowed.
  • Civil Suit No. 007 of 2019 abated and struck out.
  • Costs awarded to the applicant.

Rules and key headnotes

Civil Procedure — Abatement of Suit — Failure to Take Out Summons for Directions
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 XIA rule 1(2) of the Civil Procedure (Amendment) Rules 2019, the suit shall abate under Order XIA rule 1(6).
Civil Procedure — Exceptions to Requirement for Summons for Directions — Interlocutory Judgment Set Aside
The exception under Order 11A rule 1(4)(a) exempting a plaintiff from taking out summons for directions where default judgment has been applied for does not apply where the interlocutory judgment was subsequently set aside and the defendant was allowed to file a defence out of time.
Civil Procedure — Mediation — Effect on Requirement for Summons for Directions
Where a matter has been referred for mediation but there is no evidence of subsequent mediation notices or a mediation report, and the 60-day period prescribed by rule 8 of the Judicature (Mediation) Rules 2013 has elapsed without completion or pursuit of mediation, the referral to mediation does not prevent abatement of the suit for failure to take out summons for directions.

Legislation cited (18)

Cases cited (2)

  • Carlton Douglas Kasirye v Sheena Ahumuza Bageine (Miscellaneous Application No. 150 of 2020)
  • Geoffrey Wasswa v Amy for Africa Ltd (Civil Suit No. 127 of 2020)

Full judgment

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

Simba v Akuku (Miscellaneous Application No. 17 of 2021) [2023] UGHCCD 81 (31 March 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.