[2025] UGHCLD 110
The court found that the plaintiff's failure to extract summons for directions rendered the suit incompetent. In accordance with Order XIA rule 6 of the Civil Procedure Rules, the suit was dismissed. The procedural requirement to extract summons for directions is mandatory, and non-compliance results in dismissal of...
Source-derived case information.
- Citation
- [2025] UGHCLD 110
- Parties
- Plaintiff: Faridah Nanfuka (Administrator of the estate of the late Abdul Kabega); Plaintiff: Mariam Kasule; Defendant: Isaac Kasule Zacharia; Defendant: Kato Kasule; Defendant: Commissioner Land Registration
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Civil Suit 735 of 2024
- Procedural Posture
- Civil Suit / Ruling
- Outcome
- suit dismissed for want of prosecution due to failure to extract summons for directions
- Judges
- Alividza, J
- Legal Topics
- Dismissal for Non Prosecution, Summons for Directions, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faridah Nanfuka (Administrator of the estate of the late Abdul Kabega)
Plaintiff
Mariam Kasule
Plaintiff
Isaac Kasule Zacharia
Defendant
Kato Kasule
Defendant
Commissioner Land Registration
Defendant
Procedural Posture
Civil Suit / Ruling
Legal Issues
- 1 Whether the suit is competent in light of the plaintiff's failure to extract summons for directions.
- 2 Whether the suit should be dismissed under Order XIA rule 6 of the Civil Procedure Rules.
Ratio Decidendi
The court found that the plaintiff's failure to extract summons for directions rendered the suit incompetent. In accordance with Order XIA rule 6 of the Civil Procedure Rules, the suit was dismissed. The procedural requirement to extract summons for directions is mandatory, and non-compliance results in dismissal of the suit.
Court Disposition
suit dismissed for want of prosecution due to failure to extract summons for directions
Orders
- The suit is dismissed under Order XIA rule 6 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
13 paragraphs
## THE REPUBLIC OF UGANDA
#### IN THE HIGH COURT OF UGANDA AT KAMPALA
### LAND DIVISION
## CNIL SUIT NO. 735 OF 2024
# 1. FARIDAHNANFUKA (Administrator of the estate of the late Abdul Kabega)
- 2. MARIAM KASULE::::::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFFS VERSUS - 1. ISAAC KASULE ZACHARIA - 2. KATO KASULE - 3. COMMISSIONER LAND REGISTRATION: : : : : : : : : : : : : : : : : : : : : : : :DEFENDANTS
#### RULING
The plaintiff filed this suit on 12th August 2O24. The defendant filed a written statement of defence on the 05th November 2024, this court endorsed the written statement of defence on the 6th November 2024.
To date, the Plaintiff has failed to extract summons for directions.
The failure to extract summons for directions makes this case incompetent, and is accordingly dismissed under Order XIA rule 6 of the Civil Procedure Rules.
Given under my hand and seal of this honorable Court this lgth day of fune 2025.
\'dD
Elizabeth Iane Alividza Judge