Ssebuliba Alice v John Kasiita Musisi (Civil Suit No. 66 of 2021)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court Land Division dismissed the suit for abatement under Order XIA rule 1(2) of the Civil Procedure Amendment Rules 2019. The plaintiff failed to take out summons for directions within 28 days from the date of the last reply or rejoinder as required by the Rules. The parties had not uploaded their pleadings on ECCMIS and the plaintiff did not comply with the mandatory procedural requirement.
Outcome
Suit abated for failure to comply with procedural requirements
Facts
The plaintiff filed a civil suit against the defendant on 24 January 2022. The plaintiff took out summons to file a defence which were endorsed. According to the court record, the plaintiff did not take out summons for directions as required. The parties had not uploaded their pleadings on the Electronic Case Management Information System (ECCMIS). The plaintiff was required under Order XIA rule 1(2) of the Civil Procedure Amendment Rules 2019 to take out summons for directions within 28 days from the date of the last reply or rejoinder, but failed to do so.
Issues
- 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.
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
The original judgment as reported. Read the original PDF before relying on any passage.