Wakilii

Tyson Brothers Limited v Mulji (C.C. 96-1930 (Msa.).)

East African Court of Appeal · [1930] EACA 83 · 1930 Ruling on Limitation AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit concerning limitation period for summary procedure
Decision
Ruling on Limitation

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 court held that without amendment of the Indian Limitation Act applicable to the Colony, section 106 of the Civil Procedure Ordinance No. 3 of 1924 does not extend the limitation period under Article 5 to all matters beyond negotiable instruments that can be dealt with by summary procedure. The extension of summary procedure requires corresponding amendment to the Limitation Act, as was done in India.

Outcome

Ruling on Limitation

Facts

The plaintiffs brought a civil suit that appears to have involved the application of summary procedure under section 106 of the Civil Procedure Ordinance No. 3 of 1924. The central issue was whether the limitation period prescribed by Article 5 of the Indian Limitation Act 1877, which applied to negotiable instruments, extended to other matters that could be dealt with by summary procedure under the Ordinance.

Issues

  1. Whether section 106 of the Civil Procedure Ordinance extends the limitation period under Article 5 of the Indian Limitation Act to all matters that can be dealt with by summary procedure, beyond negotiable instruments.

Orders

  • Ruling that section 106 Civil Procedure Ordinance does not extend Article 5 limitation period beyond negotiable instruments without amendment of the Indian Limitation Act.

Rules and key headnotes

Civil Procedure — Summary Procedure — Limitation Period — Scope of Application
Section 106 of the Civil Procedure Ordinance No. 3 of 1924 does not, without amendment of the Indian Limitation Act applicable to the Colony, extend the limitation period under Article 5 of the Indian Limitation Act 1877 to all matters that can be dealt with by summary procedure beyond negotiable instruments.
Statutory Interpretation — Procedural and Substantive Law — Need for Coordinated Amendment
Where procedural law is extended to cover additional matters, corresponding amendments to substantive law provisions such as limitation periods must be made expressly and cannot be implied from the procedural extension alone.

Legislation cited (2)

  • Indian Limitation Act 1877 Article 5
  • Civil Procedure Ordinance No. 3 of 1924 s.106

Full judgment

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

Tyson Brothers Limited v Mulji (C.C. 96-1930 (Msa.).) [1930] EACA 83 (1 January 1930)
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.