Suryakant Manibhai Patel v Gume Fred Ngobi & Yeko Charles
Suryakant Manibhai Patel v Gume Fred Ngobi & Yeko Charles (Civil Suit 98 of 2017) [2022] UGHC 115 (16 November 2022)
The court held that the reinstatement of the abated suit was illegal because Order 17 Rule 5 of the Civil Procedure (Amendment) Rules, 2019, which governs abatement for want of prosecution, provides only for the institution of a fresh suit after abatement, not for reinstatement. The Deputy Registrar, having already ordered abatement, was functus officio and lacked jurisdiction to reinstate the suit. The court found that the Plaintiff's application for reinstatement by letter was procedurally improper and contrary to the rules requiring formal motion. The principle that illegality cannot be co…
Source excerpt
- Abatement Of Suit
- Reinstatement Procedure
- Functus Officio
- Illegality In Procedure