Wakilii

Abubakar v Banura (Miscellaneous Application No. 48 of 2022)

High Court · [2023] UGHCCD 47 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of judgment in divorce proceedings pending appeal
Decision
Application dismissed for non-compliance with court directions on service

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Application for stay of execution dismissed under Order 5 rule 3 of the Civil Procedure Rules for failure to serve court summons upon the respondent within the time ordered by court. Orders of court must be complied with and parties must adhere to directions given by court.

Outcome

Application dismissed for non-compliance with court directions on service

Facts

The applicant brought an application seeking stay of execution of a judgment and order in Divorce Cause No. 07 of 2018 pending appeal. The summons were endorsed by the Assistant Registrar on 31 May 2022 but were never served on the respondent. Court gave directions requiring the applicant to file and serve the application and submissions by 10 October 2022, with the respondent to reply by 24 October 2022. On 10 November 2022, neither party nor their advocates appeared. The applicant failed to comply with the court's schedule, specifically regarding service of summons and pleadings upon the respondent.

Issues

  1. Whether the application should be dismissed for non-service of court summons upon the respondent within the time ordered by court.

Orders

  • Application dismissed under Order 5 rule 3 for non-service of court summons upon the respondent.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Service of Process — Compliance with Court Directions — Dismissal for Non-Service
Orders of court are not issued in vain and parties must comply with directions given by court. Where an applicant fails to serve court summons upon the respondent within the time ordered by court, the application may be dismissed under Order 5 rule 3 of the Civil Procedure Rules for non-service.

Legislation cited (11)

Cases cited (1)

  • Ekau David v Dr Ruth Aceng and 2 Others (Civil Application No. 746 of 2018)

Full judgment

↓ Download PDF

The original judgment as reported. Read the original PDF before relying on any passage.

Abubakar v Banura (Miscellaneous Application No. 48 of 2022) [2023] UGHCCD 47 (27 February 2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.