Mubarakali v Najam-Ud-Din and Sons
Mubarakali v Najam-Ud-Din and Sons (Civil Suit 1259 of 1953) [1954] EACA 56 (1 January 1954)
The court held that the order requiring the plaintiff to provide further and better particulars within 15 days was clear and precise as a time order. No particulars were filed within the stipulated period, and the subsequent delivery was out of time. Applying established English authorities, the court found that such orders operate automatically upon non-compliance, resulting in the dismissal of the suit without further judicial intervention. The court distinguished between cases of illusory compliance, which may require further adjudication, and absolute failure, which triggers automatic dis…
Source excerpt
- Dismissal For Non Compliance
- Time Orders
- Court Discretion
- Particulars Of Claim