High Court reaffirms that a plaintiff’s failure to take out Summons for Directions within 28 days after the last reply, without justification, results in automatic abatement of the suit under Order 11

Waboga David
Jun 24
4 min read

High Court Dismisses Civil Suit No. 156 of 2024 for Abatement Due to Plaintiff’s Inaction

Decision Date: 19th June 2025

Applicant's Counsel: M/s Rwabwogo & Co. Advocates

Respondent's Counsel: Baraka Legal Associated Advocates (no appearance)

Introduction

Under Uganda’s civil procedure framework, Summons for Directions play a vital role in advancing litigation from pleadings to trial. Specifically, Order 11A Rule 1(2) of the Civil Procedure Rules mandates that a plaintiff must apply for Summons for Directions within 28 days from the date of the last reply to ensure timely case management and prevent undue delay.

Where a plaintiff fails to comply, Order 11A Rule 1(6) provides that the suit shall automatically abate. This procedural requirement is intended to promote expeditious justice in line with Article 28(1) of the Constitution, which guarantees the right to a fair and speedy hearing.

As a litigation strategy, once a party observes that the plaintiff has failed to take out Summons for Directions within the statutory period, they may apply to the court for the dismissal of the suit with costs.

In the present case, the Plaintiff filed a reply to the Defendant’s Written Statement of Defence and Counterclaim on 17th June 2024. However, the Plaintiff/Respondent took no further steps to apply for Summons for Directions within the prescribed 28 days. This prompted the Defendant/Applicant to seek dismissal of the suit for abatement, which the High Court granted with costs.

Background

The Applicant brought this motion under section 33 of the Judicature Act (Cap 13), sections 98 and 82 of the Civil Procedure Act (Cap 71), and Order 11A rules 2 & 6 and Order 52 rules 1–3 of the Civil Procedure Rules (SI 71-1) seeking the dismissal of Civil Suit No. 156 of 2024 on grounds of abatement.

The Respondent had filed the suit on 23rd April 2024, amended and re-served on 8th May 2024. Following the Applicant’s Written Statement of Defence and Counterclaim filed on 11th June 2024, and the Respondent’s reply on 17th June 2024, no further steps were taken by the Plaintiff to prosecute the matter..

The key basis for the application was that the Plaintiff/Respondent failed to take out Summons for Directions after the close of pleadings, specifically beyond the 28-day statutory requirement following the last reply filed on 17th June 2024.

Legal Issue

Whether Civil Suit No. 156 of 2024 had abated and should be dismissed due to failure by the Plaintiff to take out Summons for Directions in accordance with the Civil Procedure Rules.

Applicant’s Argument

The Applicant argued that under Order 11A Rule 1(2) of the Civil Procedure Rules, a plaintiff must take out Summons for Directions within 28 days of the last reply. If not, Rule 1(6) provides that the suit shall abate.

Citing Seruwu Jude v Swangz Avenue Ltd (HCCA No. 0039 of 2021) and Kagimu Moses Gava & Others v Sekatawa Muhammed & Others (Misc. App No. 25 of 2020), counsel emphasized that failure to prosecute the suit within prescribed timelines not only amounts to inordinate delay but also prejudices the right to a fair and expeditious trial under Article 28(1) of the Constitution.

Court’s Decision

The Court acknowledged that:

“Litigation must be conducted with due diligence and reasonable promptitude. The continued pendency of the suit without active prosecution is not only an abuse of court process but also offends the dictates of justice.”

Justice Teko noted that:

“Order 11A Rule 1(2) provides that where a suit has been instituted by way of a plaint, the plaintiff shall take out summons for directions within 28 days from the date of the last reply. Rule 1(6) provides that if the plaintiff does not take out summons for directions, the suit shall abate.”

The Court aligned with the principle laid down in Seruwu Jude v Swangz Avenue Ltd that abatement occurs automatically where parties fail to take necessary steps to advance a suit. In the present application, the Plaintiff had not taken out Summons for Directions well beyond the 28-day period prescribed.

Key Holding by the Court

“As a rule, if the Plaintiff does not take out Summons for Directions, the suit shall abate and can be dismissed. In the present case, the Respondent failed to take out Summons for Directions within the prescribed 28 days from the date of the last reply, contrary to Order 11A Rule 1(2) and (6) of the Civil Procedure Rules. The time that has since elapsed far exceeds the statutory limit, making a clear case for abatement. Accordingly, I find that the suit abated, and I hereby dismiss Civil Suit No. 156 of 2024 with costs to the Applicant.”

Key Takeaway

A plaintiff’s failure to take out Summons for Directions within 28 days after the last reply, without justification, results in automatic abatement of the suit under Order 11A Rule 1(6) of the Civil Procedure Rules. Courts will not hesitate to dismiss such suits where inaction is evident, as it undermines the constitutional right to a fair and expeditious trial.