[2022] UGCommC 84
The court found that the Plaintiffs (Respondents in this application) failed to take out summons for directions within the statutory period as required by Order XIA rules 2 and 6 of the Civil Procedure Amendment Rules 2019. The absence of any record of compliance led the court to conclude that Civil Suit No. 918 of...
Source-derived case information.
- Citation
- [2022] UGCommC 84
- Parties
- Applicant: Intertech Industrial Machinery (U) Ltd & Anr; Respondent: Anthony Kizito
- Court
- Commercial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application No. 304 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- suit struck out for abatement
- Judges
- Wabwire, J
- Legal Topics
- Summons for Directions, Abatement of Suit, Striking Out Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Intertech Industrial Machinery (U) Ltd & Anr
Applicant
Anthony Kizito
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the failure to take out summons for directions within the prescribed period warranted the abatement and striking out of Civil Suit No. 918 of 2020.
Ratio Decidendi
The court found that the Plaintiffs (Respondents in this application) failed to take out summons for directions within the statutory period as required by Order XIA rules 2 and 6 of the Civil Procedure Amendment Rules 2019. The absence of any record of compliance led the court to conclude that Civil Suit No. 918 of 2020 had abated by operation of law. Consequently, the suit was struck out and costs were awarded to the Defendants (Applicants in this application). All pending applications arising from the abated suit were rendered moot and the respective files closed, with each party bearing their own costs for those applications.
Court Disposition
suit struck out for abatement
Orders
- Civil Suit No. 918 of 2020 is struck out for abatement.
- Costs of the suit are awarded to the Defendants (Applicants in this application).
Full Case Text
Judgment text and source record
20 paragraphs
## **THE REPUBLIC OF UGANDA**
### **IN THE HIGH COURT OF UGANDA AT KAMPALA**
## **(COMMERCIAL COURT DIVISION)**
### 5 **MISCELLANEOUS APPLICATION No. 304 OF 2021**
## *(All arising out of Civil Suit No. 918 of 2020)*
#### **INTERTECH INDUSTRIAL MACHINERY (u) LTD & ANR**
**:::::::::::::::::::::::::::: APPLICANTS**
#### **VERSUS**
10 **ANTHONY KIZITO::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT**
# **BEFORE HON. MR. JUSTICE RICHARD WEJULI WABWIRE**
## **RULING**
When this matter came up for hearing, Counsel for Applicant moved Court to have Civil Suit No. 918 of 2020 struck out for failure to comply with Order
15 XIA rules 2 and 6 of the Civil Procedure Amendment Rules 2019.
OrderXIA requires a Plaintiff( the Respondent in the instant Application) to take out summons for directions within 28 days from the date of filing the last reply, which in this case is the WSD of the Applicant, who is the defendant in CS 918/2020.
20 The Court Record shows that the Defendants (Applicants in the instant Application) filed their WSD on the 4th December 2020. There is nothing on record to show that the Plaintiffs (Respondents in the instant Application) ever took out summons for directions as required by the law.
In consequence, Civil Suit No, 918/2020 abated and is accordingly struck out
- 25 with costs awarded to the Defendants (Applicants in the instant Application). All pending Applications arising from the said Civil Suit are in consequence overtaken by events and the respective files accordingly closed with each party bearing their own costs in respect of the Applications. I so order. - Delivered at Kampala this 24th 30 day of May 2022.
Richard Wejuli Wabwire
**JUDGE**