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Katsumata v Naidu (C.C. 106/1932) [1932] EACA 40 (1 January 1932)
- Citation
- [1932] EACA 40
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- East African Court of Appeal
- Panel
- Gamble. Ag. J. (Kenya)
- Case number
- C.C. 106/1932
- Language
- English
More details
- Court
- East African Court of Appeal
- Panel
- Gamble. Ag. J. (Kenya)
- Case number
- C.C. 106/1932
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court held that the discretion to issue a summons for final disposal is not restricted to subordinate courts. Order V, Rule 1 is the governing provision for the issuance and service of summons, and it applies to both the Supreme Court and subordinate courts. Order V, Rule 5 merely provides subordinate courts with additional powers to expedite suits for petty amounts and does not limit the Supreme Court's powers. Furthermore, the Court possesses inherent power to allow time for filing a written statement in suits set for final disposal, and to adjourn such suits if they appear unsuitable for final disposal, even if such power is not expressly stated in the local Act. The application for extension of time is therefore within the Court's discretion.
Court disposition
Application for extension of time to file written statement is within the Court's discretion; the defendant's contention that the Supreme Court lacks such power is rejected.
Orders
- The Court affirms its discretion to issue summons for final disposal and to allow time for filing written statements.
02
Material facts
Parties
Takeshi Katsumata
Plaintiff Counsel: HopleyC. V. Naidu, trading as The Nairobi Direct Fish Supply Company
Defendant Counsel: Modera03
Procedural history
Posture
Original Civil / Ruling on Application for Extension of Time to File Written Statement
04
Questions and positions
Legal issues
- 01
Whether the Supreme Court has discretion to issue a summons for final disposal under Order V of the Civil Procedure Rules.
- 02
Whether the Court has inherent power to allow time for filing a written statement in suits set for final disposal.
Party arguments
- Applicant
- The defendant, through counsel Modera, argued that under Order V there is no power to issue a summons for final disposal in the Supreme Court, contending that this procedure is limited to subordinate courts. He relied on Order V, Rule 5, and submitted that he is entitled to an extension of fifteen days to file a written statement of defence.
- Respondent
- The plaintiff, through counsel Hopley, opposed the defendant's contention, arguing that the governing rule is Order V, Rule 1, which prescribes the methods for issuing summons and does not restrict the power to subordinate courts. He maintained that the Supreme Court retains discretion and inherent power regarding summons and adjournments.
05
Court’s reasoning
Legal principles
- 01
Order V, Rule 1, Civil Procedure Rules
Order V, Rule 1 prescribes the methods for issuing summons to a defendant and is the governing rule for both Supreme and subordinate courts.
- 02
Order V, Rule 5, Civil Procedure Rules; Order V, Rule 5, Indian Code of 1908
Order V, Rule 5 is intended to avoid delay in suits for petty amounts and grants subordinate courts additional powers, but does not restrict the Supreme Court's discretion.
- 03
Order XV, Rule 4, Indian Act of 1908; Tuljaram Harichand v. Sitaram Narayan, 38 Bombay 377
The Court has inherent power to adjourn suits and allow time for filing written statements, even if not expressly provided in the local Act, by analogy to Order XV, Rule 4 of the Indian Act of 1908.
06
Ratio, limits and disposition
Ratio decidendi
The Court held that the discretion to issue a summons for final disposal is not restricted to subordinate courts. Order V, Rule 1 is the governing provision for the issuance and service of summons, and it applies to both the Supreme Court and subordinate courts. Order V, Rule 5 merely provides subordinate courts with additional powers to expedite suits for petty amounts and does not limit the Supreme Court's powers. Furthermore, the Court possesses inherent power to allow time for filing a written statement in suits set for final disposal, and to adjourn such suits if they appear unsuitable for final disposal, even if such power is not expressly stated in the local Act. The application for extension of time is therefore within the Court's discretion.
Obiter and limits
- Should a suit set down for final disposal appear unsuitable for such, the Court has inherent power to adjourn the suit on such terms as it thinks fit.
Court disposition
Application for extension of time to file written statement is within the Court's discretion; the defendant's contention that the Supreme Court lacks such power is rejected.
- The Court affirms its discretion to issue summons for final disposal and to allow time for filing written statements.
Source and reliance status
East African Court of Appeal
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.
East African Court of Appeal
Judgment
ORIGINAL CIVIL.
Before GAMBLE, Acting J.
TAKESHI KATSUMATA (Plaintiff)
1) .
C. V. NAIDU, trading as THE NAIROBI DIRECT FISH SUPPLY COMPANY (Defendant).
C. C. $106/1932$ ..
Civil Procedure Rules-Summons for final disposal-Order V., Rules 1, 5 and 7-Written statement, Order VIII, Rule 1.
Held (28-4-32): -That the discretion to issue a summons for final disposal is not restricted to Subordinate Courts, and further that the Court has inherent power to allow time for filing written statement in suits for final disposal.
Hopley for Plaintiff.
Modera for Defendant.
RULING. In this suit Col. Modera, for the defendant, asks that he be given fifteen days in which to file his written statement of defence and further submits that he has a right to this extention. He contends that under Order V there is no power to issue a summons for final disposal in the Supreme Court, but that this particular procedure is limited to subordinate Courts. He relies on Order V, Rulė 5, to support his contention. I do not think there are any merits in his submission. I consider the governing rule in respect to the issue and service of summons is Order V, Rule 1 (1), this Rule prescribes the two methods by which summons may be issued to a defendant. either (1) by directing him to enter an appearance within a specified time; (2) by directing him to appear and answer the claim on a date to be specified.
I consider Rule 5 is merely inserted to avoid delay in the prosecution of suits for petty amounts. Magistrates of a subordinate Court to avoid such delay and to avoid congestion of business have additional powers, namely, of directing that a summons *shall* be for final disposal.
I am supported in my view by Order V, Rule 5, of the Indian Code of 1908, and by the case of Tuljaram Harichand v. Sitaram Narayan, 38 Bombay at page 377.
I would add, for Mr. Modera's information, that should a suit set down for final disposal appear unsuitable for final disposal there would, I consider, be an inherent power in the Court to adjourn the suit on such terms as it thinks fit on the analogy of Order XV, Rule 4, of the Indian Act of 1908, which has not been embodied in our Act.
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