Wakilii

Ssegawa Rebecca Nabasirye v Lwanga Brian (Civil Suit No. 1161 of 2024)

High Court · [2026] UGHCLD 97 · 2026 Suit Abated AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit in the Land Division dismissed for procedural non-compliance
Decision
Suit abated due to procedural non-compliance by the Plaintiff

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

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

  1. 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

Civil Procedure — Summons for Directions — Mandatory Requirement — Abatement of Suit
Where a suit has been instituted by way of plaint, the Plaintiff must take out summons for directions within 28 days from the date of the last reply or rejoinder, and failure to comply with this mandatory provision results in automatic abatement of the suit under Order 11A Rule 1(6) of the Civil Procedure Rules.

Legislation cited (2)

Full judgment

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

Ssegawa_Rebecca_Nabasirye_v_Lwanga_Brian_(Civil_Suit_No._1161_of_2024)_[2026]_UGHCLD_97_(15_April_2026)
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.