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Faridah Nanfuka and Another v Isaac Kasule Zacharia and Others (Civil Suit 735 of 2024) [2025] UGHCLD 110 (19 June 2025)
- Citation
- [2025] UGHCLD 110
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Land Division (Uganda)
- Panel
- Alividza, J
- Case number
- Civil Suit 735 of 2024
- Language
- English
More details
- Court
- HC: Land Division (Uganda)
- Panel
- Alividza, J
- Case number
- Civil Suit 735 of 2024
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Faridah Nanfuka (Administrator of the estate of the late Abdul Kabega)
PlaintiffMariam Kasule
PlaintiffIsaac Kasule Zacharia
DefendantKato Kasule
DefendantCommissioner Land Registration
Defendant03
Procedural history
Posture
Civil Suit / Ruling
04
Questions and positions
Legal issues
- 01
Whether the suit is competent in light of the plaintiff's failure to extract summons for directions.
- 02
Whether the suit should be dismissed under Order XIA rule 6 of the Civil Procedure Rules.
Party arguments
- Applicant
- No arguments from the plaintiffs are recorded in the ruling regarding the failure to extract summons for directions.
- Respondent
- No arguments from the defendants are recorded in the ruling regarding the failure to extract summons for directions.
05
Court’s reasoning
Legal principles
- 01
Order XIA rule 6 of the Civil Procedure Rules
A suit is rendered incompetent if the plaintiff fails to extract summons for directions within the prescribed time.
06
Ratio, limits and disposition
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
- The suit is dismissed under Order XIA rule 6 of the Civil Procedure Rules.
Source and reliance status
HC: Land Division (Uganda)
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
HC: Land Division (Uganda)
Judgment
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
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