Wakilii

Barlmart Logistics Limited v Scarce Commodities (MISC. APPLICATION NO. 274 OF 2016) 2019 UGHCCD 62 (2019-01-17)

High Court · [2019] UGHCCD 62 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on effectiveness of substituted service on a foreign defendant in a civil suit for damages arising from motor accident negligence
Decision
Matter to proceed to hearing on merits following determination that service was effective

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that substituted service by advertisement in the East African Newspaper and Daily Nation was effective service on a Kenyan company defendant under O.5 r.26 CPR. Although the application was sought under r.18 (substituted service for defendants within jurisdiction), the court found the affidavit satisfied requirements for service on a foreign Commonwealth entity, and the chosen newspapers had wide circulation in Kenya.

Outcome

Matter to proceed to hearing on merits following determination that service was effective

Facts

Plaintiff filed suit claiming damages from a motor accident caused by the defendant's agent's negligence. The defendant is a Kenyan company. On 1 September 2016, the plaintiff obtained leave for substituted service through advertisements in the East African Newspaper and Daily Nation. Notices appeared on 17 September 2016 and 6 December 2016 respectively. At the 10 May 2018 hearing, interlocutory judgment previously entered in favour of the plaintiff was set aside. The court then considered whether the substituted service effected on the foreign defendant was valid.

Issues

  1. Whether substituted service by advertisement in regional and Kenyan newspapers constituted effective service on a foreign defendant company.

Orders

  • Service of summons on the defendant held to be effective.
  • Case to proceed to hearing.
  • Plaintiff's counsel ordered to file scheduling notice within 21 days of this ruling.

Rules and key headnotes

Service of Process — Substituted Service — Foreign Defendants
Substituted service under Order 5 rule 18 of the Civil Procedure Rules is intended for defendants within jurisdiction where ordinary service is impossible, and does not fairly cater for defendants resident outside jurisdiction.
Service of Process — Service Out of Jurisdiction — Commonwealth Defendants
Where a defendant is a foreign Commonwealth entity, the correct procedural law for service is found in the provisions governing service on foreign Commonwealth nationals, not substituted service provisions for domestic defendants.
Service of Process — Mode of Service Out of Jurisdiction
Under Order 5 rule 26 of the Civil Procedure Rules, where leave to serve out of jurisdiction has been granted, the court has discretion to determine the actual mode of service, including service by advertisement in widely circulating newspapers in the defendant's country of residence.

Legislation cited (4)

  • Civil Procedure Rules O.5 r.18
  • Civil Procedure Rules O.5 r.22
  • Civil Procedure Rules O.5 r.24
  • Civil Procedure Rules O.5 r.26

Full judgment

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Barlmart Logistics Limited v Scarce Commodities (MISC. APPLICATION NO. 274 OF 2016) 2019 UGHCCD 62 (2019-01-17)
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.