Wakilii

Springs International Hotel Limited v Katatumba and 4 Others (Civil Suit No. 314 of 2018)

High Court · [2022] UGHCLD 87 · 2022 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on two preliminary objections raised by the 4th Defendant in a civil suit before the High Court Land Division
Decision
Suit dismissed for failure to furnish security for costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the suit under Order 26 rule 2(1) of the Civil Procedure Rules for the Plaintiff's failure to furnish security for costs within the time stipulated by a prior court order. The Court held that no formal application was required to bring non-compliance to the Court's attention, and that proceeding with the suit would constitute an illegality. The Court also struck off the amended plaint filed without leave of Court seven months after defences had been filed.

Outcome

Suit dismissed for failure to furnish security for costs

Facts

The Plaintiff, Springs International Hotel Ltd, filed a civil suit against five Defendants. The 4th Defendant raised two preliminary objections. First, the Plaintiff had been ordered in Miscellaneous Application No. 2018 of 2018 to furnish security for costs of UGX 30,000,000 within 45 days from 14 May 2019, but failed to do so. The Plaintiff's counsel argued that a notice of appeal had been filed, but no such notice appeared on the record. Second, the Plaintiff filed an amended plaint on 7 May 2019, seven months after defences had been filed on 29 September 2018, without seeking leave of Court. The original plaint was filed on 7 May 2018 and summons issued on 14 September 2018.

Issues

  1. Whether the suit should be dismissed for the Plaintiff's failure to furnish security for costs as ordered.
  2. Whether the amended plaint filed without leave of Court should be struck off the record.

Orders

  • First preliminary objection succeeds.
  • Amended plaint struck off the record.
  • Main suit dismissed under Order 26 rule 2(1) of the Civil Procedure Rules SI 71-1.
  • Costs awarded to all the Defendants.

Rules and key headnotes

Civil Procedure — Security for Costs — Failure to Furnish — Dismissal of Suit
Where a plaintiff fails to furnish security for costs within the time fixed by court order, the court shall make an order dismissing the suit under Order 26 rule 2(1) of the Civil Procedure Rules, and no formal application is required to bring the non-compliance to the court's attention.
Civil Procedure — Court Orders — Compliance — Effect of Non-Compliance
A court order must be obeyed as ordered unless set aside or varied, and proceeding with a suit in the face of non-compliance with a court order constitutes an illegality that overrides matters of pleadings.
Civil Procedure — Amendment of Pleadings — Time Limits — Leave of Court
A plaintiff may amend a plaint without leave of court at any time within 21 days from the date of issuance of summons to the defendant under Order 6 rule 20 of the Civil Procedure Rules, but an amendment filed after defences have been filed and outside this period without leave of court is improper and liable to be struck off.
Civil Procedure — Preliminary Objections — Effect of Success
A preliminary objection that raises a pure point of law, if argued successfully, disposes of the whole matter.

Legislation cited (3)

Cases cited (5)

  • Makula International v Cardinal Nsubuga Wamala [1982] HCB 12
  • Mangeni v Ouma Adea George and Another (HC Election Petition No. 15 of 2011)
  • Warid Telecom v Robert Byaruhanga (HCCS No. 64 of 2021)
  • Ariho Emmanuel and Another v Centenary Rural Development Bank Ltd and Others (HCCS No. 14 of 2016)
  • Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd [1969] EA 696

Full judgment

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

Springs_International_Hotel_Limited_v_Katatumba_and_4_Others_(Civil_Suit_No._314_of_2018)_[2022]_UGHCLD_87_(1_April_2022)
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.