Wakilii

Ajanta Electronics v Steven Mpagi (Civil Suit No. 20 of 1992)

High Court · [1992] UGHC 125 · 1992 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for substituted service of summons in a pending civil suit
Decision
Order for substituted service granted as prayed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an order for substituted service of summons on the defendant through advertisement in the New Vision Newspaper under Order 5 rule 19 of the Civil Procedure Rules. The court was satisfied that ordinary service was not possible as the defendant's present place of abode and workplace were unknown despite the plaintiff's efforts to locate him.

Outcome

Order for substituted service granted as prayed

Facts

The plaintiff, Ajanta Electronics, filed Civil Suit No. 20 of 1992 against the defendant, Steven Mpagi. The plaintiff's counsel undertook to serve summons on the defendant but all attempts to locate the defendant's present residence and workplace failed. The defendant had recently been seen driving around Kampala but had no known place of abode, workplace, or agent empowered to accept service. The plaintiff therefore applied ex-parte for an order permitting substituted service of summons through newspaper advertisement.

Issues

  1. Whether the plaintiff has satisfied the requirements for an order permitting substituted service of summons on the defendant.

Orders

  • Summons to be served on the defendant through advertisement in the New Vision Newspaper.
  • The defendant to be given ample information about the suit and claim against him.
  • The defendant to be summoned to appear before the Registrar within 10 days from the date of publication of the advertisement.
  • Costs of the application to be in the cause.

Rules and key headnotes

Civil Procedure — Service of Process — Substituted Service — Discretion of Court
Where the court is satisfied that for any reason the summons cannot be served in the ordinary way, the court has wide discretion under Order 5 rule 19(1) of the Civil Procedure Rules to order substituted service by affixing a copy in a conspicuous part of the defendant's last known residence or workplace, or by such other manner as the court thinks fit.
Civil Procedure — Service of Process — Substituted Service by Newspaper Advertisement — Requirements
Service of notice through newspaper advertisement is permissible as substituted service where it is calculated to give the person concerned actual notice of the proceedings and an opportunity to be heard, and where the notice provides information about the suit and claim against the defendant.

Legislation cited (2)

  • Civil Procedure Rules Or.5 r.19
  • Civil Procedure Rules Or.5 r.33

Full judgment

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

Ajanta Electronics v Steven Mpagi (Civil Suit No. 20 of 1992) [1992] UGHC 125 (31 March 1992)
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.