Ssegawa Rebecca Nabasirye v Lwanga Brian [2026] UGHCLD 97

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The plaintiff filed a plaint, the defendant filed a written statement of defence, and no reply or summons for directions followed. The court held that Order 11A rule 1(2) of the Civil Procedure Rules requires a plaintiff who institutes a suit by plaint to take out summons for directions within 28 days of the last reply or rejoinder, and that rule 1(6) provides that the suit shall abate where this is not done. As the 28 days had elapsed without compliance with this mandatory provision, the suit abated. No order as to costs was made.

Outcome

Suit abated for non-compliance with Order 11A rule 1(2) of the Civil Procedure Rules

Facts

The plaintiff filed a plaint on the Electronic Court Case Management Information System (ECCMIS) on 5 December 2024. Summons to file a defence were issued to the defendant by the court on 6 January 2025, and the defendant filed a written statement of defence on ECCMIS on 31 January 2025. The plaintiff filed no reply to the written statement of defence, and there was no proof on the record that the plaintiff had taken out summons for directions after the defence was filed. The 28-day period allowed for taking out summons for directions had elapsed by the time the court considered the file.

Issues

1. Whether the suit abated by reason of the plaintiff's failure to take out summons for directions within 28 days of the filing of the written statement of defence.

Orders

• The suit is abated under Order 11A rule 1(6) of the Civil Procedure Rules for failure by the plaintiff to take out summons for directions within 28 days from the date of filing of the written statement of defence as required by 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.