He went home and returned to Court on his own volition in the afternoon. The originating Summons is accordingly dismissed under Order 37 rule 11 CPR. Working with the AfricanLII and in collaboration with other partners, such as the Free Access to Law Movement, ULII's major aim is to be a user-friendly portal of all publicly available legal . That counsel's non- attendance was due to court's failure to serve the applicant's Counsel Assessment of costs. In July 2011, the 1st plaintiff sold 9 acres of the said land to the 2ndplaintiff and transferred it into his names. The order made typically does ULII is a project of the Law Reporting Committee of the Judiciary of Uganda. Service of summons is provided for under Order 5 of the CPR specifically rule 10 which is to the effect that service wherever practicable shall be on the defendant in person or his agent. The suit was brought by the three Plaintiffs with the 3 rd Plaintiff suing through a next of friend. The delay cannot be explained anywhere and amounts to inordinate delay. This Judgment relates to a suit filed by way of Originating Summons dated 15 th January 2014. Working with the AfricanLII and in collaboration with other partners, such as the Free Access to Law Movement, ULII's major aim is to be a user-friendly portal of all publicly available legal . ULII aims to bridge the existing gap in public access to the law of Uganda. 917 of 2019, where it was held that; "According to Order XIA Rule 2 of the Civil Procedure (Amendment) Rules, 2019, the plaintiff is required to take out Summons for direction within 28 days from the date of the last reply or rejoinder. The summons for directions shall be complied with within 45 days from the date of hearing the summons for directions, and the plaintiff shall, within seven days from the last filing of pleadings, comply with the summons for directions fixed for scheduling. ULII aims to bridge the existing gap in public access to . the court ordered for summons for mention and direction to be extracted and served on both parties to appear in court on 24/08/2020, on which date Counsel for the respondent appeared and prayed for dismissal of the suit and that prayer was granted. He went home and returned to Court on his own volition in the afternoon. The plaintiff must, within one month after the pleadings are closed, issue a summons for directions seeking the orders (from the court judge) necessary for the conduct of the trial. Aloyo v Ogwok (Civil Suit Originating Summons 10 of 2013) [2014] UGHCFD 27 (29 April 2014); Cite this case [2014] UGHCFD 27. The three claimants are beneficiaries of the Estate of the late David Nsubuga. In addition, the current summons format is worded in legal language and the complex legal terminology is alien to self-users. THE REPUBLIC OF UGANDA. Judgment/ruling. Short title. . Uganda Revenue Authority, Civil Suit No. The objection regarding appropriateness of the Originating Summons is accordingly upheld. ULII is a member of the global Free Access to Law Movement and of . According to Rule 6, thereof, Counsel submitted that the Plaintiff filed a reply to the WSD on the 26 th February 2020 and has never filed any summons for directions before this Court as . ULII aims to bridge the existing gap in public access to . 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 or rejoinder referred to in rule 18(5) of Order VIII of these Rules. 1. ULII is a project of the Law Reporting Committee of the Judiciary of Uganda. Order XIA rule 1 (4) provides for five exceptions to rule on taking out Summons for Directions as follows Determination of amounts for the purposes of section 100 GNR.865 of 1 September 2000. The allegation of the 1st defendant having obtained a loan from the plaintiff is contested. In fact, after having been remanded for 10 days, the 1 st Accused was released before being served with summons. the court ordered for summons for mention and direction to be extracted and served on both parties to appear in court on 24/08/2020, on which date Counsel for the respondent appeared and prayed for dismissal of the suit and that prayer was granted. ORIGINATING SUMMONS NO. His late father Alex Rukangira left behind various . The facts in this case are not proved to a place that justified the substituted service to lead to a default judgment. FAMILY DIVISION. ULII aims to bridge the existing gap in public access to the law of Uganda. (1)In this Act, unless the context otherwise requires(a)"court" means a court of law constituted or established by or under the law of a . 04 OF 2012. . If you received a summons from the United States District . Of relevance to the Amendment is that Order 22 made a distinction between service upon a Defendant who was a citizen of the Commonwealth and/or a resident . IN THE HIGH COURT OF UGANDA AT KAMPALA. A judge can also make any amendments to make the summons accord with existing facts or raise matters in . Barclays Bank of Uganda v Musimami & Anor (Originating Summons 6 of 2011) [2014] UGCommC 108 (20 August 2014); Cite this case [2014] UGCommC 108. ULII aims to bridge the existing gap in public access to the law of Uganda. It was brought under Order 37, rule 1 of the Civil Procedure Rules SI 71-1. The Originating Summons is supported by the affidavit of Ntungwa Anthanas in which he depones inter alia that:-. Janet Ntanya v Saida Sebadduka & 2 Ors (Originating Summons 20 of 2009) [2010] UGHC 88 (08 October 2010); Cite this case . 135,000,000/= from the plaintiff which was to be secured by property comprised in . He is one of the beneficiaries of the late Rukarangira Alex who died in 1992 and whose estate was administered by his late brother Philip Lukangira late husband of the Respondent. ULII is a project of the Law Reporting Committee of the Judiciary of Uganda. ULII is a project of the Law Reporting Committee of the Judiciary of Uganda. An Act to provide for the enforcement of witness summonses issued by the courts of certain countries in criminal cases and for matters incidental thereto and connected therewith. PRACTICE DIRECTIONS SUMMONS FOR DIRECTONS Regrettably the practice has developed whereby the hearing of a Summons for Directions has come to be treated as a meaningless formality at which a standard order giving the minimum of directions is made, usually by consent. Secondly the default judgment in issue was entered on 30th of March 2014 well after the process of service of summons and the application was filed on 9th of Sep 2015 being a period of one year and six months. That counsel's non- attendance was due to court's failure to serve the applicant's Counsel Rule 4 creates exceptions to the rule. Trial. The form of the summons can be obtained from the High Court Registry or the Resource Centre for Unrepresented Litigants. Counsel further submitted that under sub-rule (6) thereof, if the plaintiff does not take out a summons for directions in accordance with sub-rule (2) above, the suit shall abate. 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 or rejoinder referred to in rule 18 (5) of Order VIII of these Rules. IN THE HIGH COURT OF UGANDA AT KAMPALA . ULII is a project of the Law Reporting Committee of the Judiciary of Uganda. "Where a suit has been instituted by way of a plaint, the plaintiff shall take out summons for direction within 28 days from the date of the last reply or rejoinder referred to in rule 18(5) of Order VIII of these rules." Order 11(A) 1 (6) CPR is to the effect that; The service of Court process outside Kenya is primarily regulated by Rules 21-29 of Order 5 of the Civil Procedure Rules, 2010. take out summons for direction within 28 days from the date of the last reply or rejoinder referred to in rule 18(5) of Order Vlll of these Rules.n Rule 3 provides that the summons in sub-rule (2) shall be returned within fourteen days from the date they are taken out. In general, within 1 month after the close of pleadings, the party who filed the civil claim (the plaintiff) has to file a summons for directions.The summons for directions is then served on the party against whom the claim is made (the defendant).. order 37 rule 1 a, b and g of the civil procedure rules provides that the executors or administrators of a deceased person may take out an originating summons, for such relief of the nature or kind as specified in the summons or as the circumstances of the case may require, for the determination, without the administration of the estate or trust, Execution of court orders. Order XIA rule 1(2) of the Civil Procedure Amendment Rules 2019 provides for the taking out of Summons for Directions where a suit has been instituted by way of a plaint as follows; 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 or rejoinder . The law also recognises the role of the local authorities to help in having the defendant understand the contents of the summons per Magela v. Kakungulu (1976) HCB 289. THE REPUBLIC OF UGANDA. Working with the AfricanLII and in collaboration with other partners . The background of this suit as stated in the affidavit in support of the originating summons sworn by Mr. Pius Olaki is that sometime in 2009 the 1 st defendant applied for a loan of Shs. Interpretation. The information provided within this site only pertains to serving jury duty within the United States District Court for the District of Puerto Rico, in compliance with the Amended Plan for the Random Selection of Grand and Petit Jurors Pursuant to the Jury Selection and Service Act. 37 rule 10 of the CPR to order the summons to be supported by such other evidence as is deemed necessary and give such directions as deemed just for the trial of any issues arising from the summons. b) For proceedings in District Court The Process Server in this case enlisted the support of the LC.I Chairman of the area, and also ensured that defendant is summoned to the LC's offices. That being the case, it is not necessary to deal with the other objections neither is it in order to go into the merits of the questions sought to be determined here in. Order 21 provides for service of Summons or Notice of Summons. Order XIA rule 1(4) provides for five exceptions to rule on taking out Summons for Directions as follows; 4 a.