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16 Nov 2022

Civil Procedure [2022] UGHCCD 293

Suryakant v Gume

Suryakant v Gume (Civil Suit 98 of 2017) [2022] UGHCCD 293 (16 November 2022)

Court: HC: Civil Division (Uganda)
Case number: Civil Suit 98 of 2017
Judge: Bukirwa, J

The court held that the reinstatement of Civil Suit No. 98 of 2017 after abatement was illegal and contrary to Order 17 Rule 5 of the Civil Procedure (Amendment) Rules, 2019. The Deputy Registrar, having ordered abatement, was functus officio and lacked jurisdiction to reinstate the suit. The only remedy available to the plaintiff after abatement is to file a fresh suit, subject to the law of limitation. The application for reinstatement by letter was procedurally improper, as applications must be made by motion and heard in open court. The principle that an illegality overrides all other con…

Source excerpt

Abatement Of Suit
Reinstatement Of Abated Suit
Want Of Prosecution
Leasehold Property Dispute
Illegality Of Court Orders

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16 Nov 2022

Civil Procedure [2022] UGHCCD 275

Suryakant Manibhai v Gume and Another

Suryakant Manibhai v Gume and Another (Civil Suit No. 98 of 2017) [2022] UGHCCD 275 (16 November 2022)

Court: HC: Civil Division (Uganda)
Case number: Civil Suit No. 98 of 2017
Judge: Bukirwa, J

The court found that Civil Suit No. 98 of 2017 had automatically abated under Order 17 Rule 5 of the Civil Procedure (Amendment) Rules, 2019, as no step was taken for over six months after the mandatory scheduling conference. The Deputy Registrar's reinstatement of the suit was illegal, as he was functus officio after the abatement order and lacked jurisdiction to reinstate the suit. The only remedy for the plaintiff was to file a fresh suit, not to seek reinstatement. The court held that the reinstatement was contrary to law and expunged it from the record, upholding the preliminary objectio…