Ssegawa Rebecca Nabasirye v Lwanga Brian (Civil Suit No. 1161 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court ruled that the suit abated under Order 11A Rule 1(6) of the Civil Procedure Rules because the Plaintiff failed to take out summons for directions within 28 days from the date of filing of the Defendant's written statement of defence, as required by Order 11A Rule 1(2). No order for costs was made.
Outcome
Suit abated due to procedural non-compliance by the Plaintiff
Facts
The Plaintiff filed a plaint on 5 December 2024. Summons to file a defence were issued on 6 January 2025. The Defendant filed a written statement of defence on 31 January 2025. The Plaintiff did not file a reply and did not take out summons for directions within 28 days from the date of filing of the written statement of defence. The mandatory 28-day period elapsed without compliance.
Issues
- Whether the suit abated 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.
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 for costs.
Rules and key headnotes
Legislation cited (2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.