Uganda Case Law

Remo v Koboko District Local Governemnt & 9 Others

Remo v Koboko District Local Governemnt & 9 Others (Civil Suit 16 of 2020) [2024] UGHC 1003 (4 October 2024)

Court

High Court of Uganda

Case number

Civil Suit 16 of 2020

Judge

Acellam, J

The court found that although the plaintiff did not extract summons for directions within the prescribed period, the suit had been referred for mediation, which is an exception under Order 11A rule 1(4)(e) of the Civil Procedure (Amendment) Rules, 2019. The existence of a mediation reference on record, regardless of the current lawyers' participation, was sufficient to prevent abatement. The court also noted that delays by the plaintiff were improper but did not negate the exception. The preliminary objection by the defendants was overruled, and the suit was held not to have abated.

Source excerpt

• Abatement Of Suit
• Summons For Directions
• Mediation Exception
• Locus Standii
• Trespass To Land

Waiswa & Another v Jinja City Council & 5 Others

Waiswa & Another v Jinja City Council & 5 Others (Miscellaneous Application 202 of 2022) [2024] UGHC 623 (5 July 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 202 of 2022

Judge

Bukirwa, J

The High Court at Jinja overruled a preliminary objection that the suit had abated, holding that mediation counted as an essential step in prosecuting the case.

• Abatement Of Suit
• Summons For Directions
• Mediation Exception
• Joinder And Striking Out Parties
• Abatement-of-suit
• Summons-for-directions

Owo and Another v Registered Trustees of Tororo Diocese

Owo and Another v Registered Trustees of Tororo Diocese (Miscellaneous Application 148 of 2022) [2023] UGHCCD 175 (19 June 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 148 of 2022

Judge

Apiny, J

The court found that the applicants failed to extract summons for directions within the mandatory 28-day period after the last reply, as required by Order XIA rule 1(2) of the Civil Procedure (Amendment) Rules, 2019. The mediation conducted did not qualify as an exception under Order XIA rule 1(4)(e) because there was no evidence that the matter was formally referred to mediation by the trial judge. The court determined that the suit remained dormant from September 2020 until December 2021, and the subsequent actions did not cure the procedural default. The applicants were given an opportunit…

Source excerpt

• Abatement Of Suit
• Summons For Directions
• Fair Hearing
• Mediation Exception
• Procedural Compliance

Wasswa v Army for Africa Limited and 2 Others

Wasswa v Army for Africa Limited and 2 Others (Civil Suit No. 127 of 2020) [2021] UGHCCD 163 (29 November 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 127 of 2020

Judge

Boniface Wamala, J

The suit did not abate because it was referred for mediation by court direction, which constitutes an exception under Order 11A rule 4(e) of the Civil Procedure Rules. The court found that mediation had not been started or concluded, and therefore the plaintiff was not required to take out summons for directions within the prescribed period. The objection by the 1st defendant was overruled. The court further clarified that proper service of hearing notice must be effected on all defendants, and service on an unidentified person does not meet the requirements for effective service. Remedies fo…

Source excerpt

• Abatement Of Suit
• Summons For Directions
• Mediation Exception
• Service Of Process
• Land Tenure Disputes