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Summons For Directions.

The document discusses the requirement in Ugandan civil procedure for parties to attend a hearing called summons for directions within 28 days of the last rejoinder. This hearing allows the court to provide instructions to properly prepare the case for trial. If the plaintiff fails to request this hearing within the timeline, the suit becomes invalid, unless an exception applies. The exceptions include if a party has applied for default judgment or discovery of documents. The document also notes that parties can agree to mediation within the 28 days instead of the hearing. Finally, if the suit is invalidated, the plaintiff can refile a fresh suit.

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Omoding Emmanuel
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1K views2 pages

Summons For Directions.

The document discusses the requirement in Ugandan civil procedure for parties to attend a hearing called summons for directions within 28 days of the last rejoinder. This hearing allows the court to provide instructions to properly prepare the case for trial. If the plaintiff fails to request this hearing within the timeline, the suit becomes invalid, unless an exception applies. The exceptions include if a party has applied for default judgment or discovery of documents. The document also notes that parties can agree to mediation within the 28 days instead of the hearing. Finally, if the suit is invalidated, the plaintiff can refile a fresh suit.

Uploaded by

Omoding Emmanuel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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In order to manage parties’ conduct of civil action and to ensure that all preparations

before trial will be conducted in a proper manner, a hearing takes place before the court

so that the court can give the appropriate directions to the parties to prepare the case

for trial. Summons for directions are a new development in civil procedure. They are

provided for the 2019 amendment through insertion of Order 11A. They are not case

commencing procedure but are merely case management procedures. Where the suit

has been instituted by way of plaint, Summons for Directions are taken out within 28

days from date of last rejoinder (Order 11a rule 1 sub rule 2. If the plaintiff doesn’t

take out summons the suit abates-Order 11A rule one sub rule 6.

In CC Chandra and associates limited v URA H.C.C.S 917 of 2019 Justice Mubiru

held that since the summons for directions had not been taken out by the plaintiff, the

suit abates.

In Simbamanyo Estates Limited and anor v Equity Bank and Meera Investments

HCCS 837 of 2020 Equity bank sold Simbamanyo house to Meera investments for

failure to repay loan. The sale was contested. The lawyers of Meera investments

argued that the plaintiffs had not taken out summons for directions. It was held that the

suit abated for failure to take out summons.

There may be instances when a matter is for mediation and its within 28 days without

taking out summons. In Kasirye v Ahumuza Alias Tasha 2020 UGHCCD 222, It was

held that parties are at liberty to request for a matter to be referred to mediation within

the period allowed to acquire summons for directions. When parties go for mediation,

they may not be able to comply with O.11A to file summons for directions because the

matter would have been referred to mediation.


Order 11a rule 1 sub rule 4 provides for the exceptional circumstances.

1. Where a default judgment has been applied for. Order 11A rule 1 sub rule

4(a)

In Kagimu and others v Sekatawa and others Miscellaneous appeal 2020/25) in the

case, the appellants argued that the deputy registrar had misdirected in finding that their

earlier suit in the high court had abated. They contended that they had applied for

discovery of documents and had applied for default judgement. The Court

recognized the arguments as exceptions established under Order 11A rule 1 sub rule

4(a) and Order 11a rule 1 sub rule 5.

Order 11A rule 1 sub rule 5 provides that the 28 days within which one has to apply for

summons for directions maybe extended where the party has to make a discovery of

some documents.

In the instance that the suit abates, the plaintiff may file a fresh suit- Order 11A rule 1

sub rule 7

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