Wakilii

Suryakant Manibhai Patel v Gume Fred Ngobi & Yeko Charles (Civil Suit 98 of 2017)

High Court · [2022] UGHC 115 · 2022 Preliminary Objection Upheld AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection to reinstatement of suit that had abated for want of prosecution
Decision
Suit remains abated; reinstatement order set aside

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A suit that has automatically abated under Order 17 Rule 5 of the Civil Procedure (Amendment) Rules 2019 for want of prosecution cannot be reinstated. The only remedy available to the plaintiff is to institute a fresh suit subject to the law of limitation. The Deputy Registrar's order reinstating the abated suit was contrary to law and constituted an illegality that could not be allowed to stand.

Outcome

Suit remains abated; reinstatement order set aside

Facts

The Plaintiff instituted Civil Suit No. 98 of 2017 on 1 August 2017 seeking declarations regarding land comprised in Leasehold Register Volume 668 Folio 13, Plot 16 Clive Road West Jinja Municipality. After amendments and withdrawal of claims against two defendants, the matter was scheduled for hearing. The last court appearance was on 19 November 2019, with the matter adjourned to 24 March 2020. No further steps were taken by either party. On 10 December 2021, the Defendants' Counsel applied for an order that the suit had automatically abated under Order 17 Rule 5 of the Civil Procedure (Amendment) Rules 2019, which the Deputy Registrar granted on 13 December 2021. On 28 March 2022, the Plaintiff's Counsel wrote requesting administrative reinstatement, arguing the 2019 Rules did not apply retrospectively to a 2017 suit. The Deputy Registrar reinstated the matter. The Defendants objected, arguing reinstatement was illegal and the proper mode of application was by motion, not letter.

Issues

  1. Whether the reinstatement of the suit that had abated was illegally done.

Orders

  • Preliminary objection upheld.
  • Reinstatement order expunged from the Court record.
  • Plaintiff may institute a fresh suit if he so desires.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Abatement of Suit — Want of Prosecution — Automatic Abatement under Order 17 Rule 5
Under Order 17 Rule 5 of the Civil Procedure (Amendment) Rules 2019, a suit automatically abates where no application is made or step taken for a period of six months by either party with a view to proceeding with the suit.
Civil Procedure — Abatement of Suit — Remedy after Abatement — Fresh Suit Required
Where a suit abates under Order 17 Rule 5 of the Civil Procedure (Amendment) Rules 2019, the only remedy available to the plaintiff is to institute a fresh suit subject to the law of limitation. Reinstatement of an abated suit is not tenable.
Civil Procedure — Functus Officio — Jurisdiction of Deputy Registrar after Abatement Order
Once a Deputy Registrar makes an order closing a file that has automatically abated, the Deputy Registrar becomes functus officio and ceases to have jurisdiction to reinstate the same suit.
Civil Procedure — Illegality — Effect of Illegal Order — Makula Principle
An illegality once brought to the attention of the court overrides all considerations including pleadings and cannot be left to stand. An order for reinstatement of an abated suit contrary to law constitutes an illegality that must be expunged from the court record.

Legislation cited (2)

Cases cited (4)

  • Goodman Agencies Ltd v Attorney General & Anor (Constitutional Petition No. 03 of 2008)
  • Rwabuganda Godfrey v Bitamiss, Namudu (CCCA No. 87 of 2010)
  • Abdul Ddamulira v Mss Xsabo Power Limited (HCMA No. 046 of 2021)
  • Makula International Ltd v Cardinal Nsubuga (SCCA No. 4 of 1981)

Full judgment

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

Suryakant Manibhai Patel v Gume Fred Ngobi & Yeko Charles (Civil Suit 98 of 2017) [2022] UGHC 115 (16 November 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.