Wakilii

Barlmart Logistics Ltd v Scarce Commodities Ltd (MISC. APPLICATION NO. 274 OF 2016) 2019 UGHCCD 110 (2019-01-17)

High Court · [2019] UGHCCD 110 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application arising out of civil suit for determination of effective service of summons on foreign defendant
Decision
Matter to proceed to hearing on effective service having been established

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court held that service of summons on a Kenyan company (a Commonwealth citizen) by advertisement in the Daily Nation and East African newspapers constituted effective service. While substituted service under O.5 r.18 CPR was not the correct procedure for foreign defendants, the affidavit satisfied the requirements for service out of jurisdiction under O.5 r.26 CPR, which grants the court discretion to determine mode of service.

Outcome

Matter to proceed to hearing on effective service having been established

Facts

The plaintiff filed suit claiming damages from a motor accident caused by the defendant's negligence. Interlocutory judgment in favour of the plaintiff was set aside on 10 May 2018 because it was sought under the wrong law. The defendant was a Kenyan company. On 1 September 2016, the plaintiff obtained leave for substituted service and advertised in the East African newspaper on 17 September 2016 and the Daily Nation on 6 December 2016. The process server had attempted to serve a known agent in Uganda but failed, then ascertained the defendant's Kenyan nationality and postal address. The ruling addresses whether this service was effective.

Issues

  1. Whether service of summons by advertisement in newspapers constituted effective substituted service on a Kenyan company defendant under the Civil Procedure Rules

Orders

  • Service of summons upon the defendant deemed effective
  • Case may proceed to hearing
  • Plaintiff's counsel ordered to file scheduling notice within 21 days of ruling

Rules and key headnotes

Civil Procedure — Service of Process — Substituted Service — Foreign Defendants
Substituted service under Order 5 rule 18 of the Civil Procedure Rules is intended for circumstances where ordinary service upon a defendant within jurisdiction is impossible and does not fairly cater for defendants resident outside jurisdiction.
Civil Procedure — Service Out of Jurisdiction — Commonwealth Citizens — Discretion as to Mode
Where leave to serve out of jurisdiction has been granted under Order 5 rule 26 of the Civil Procedure Rules, the court has discretion to determine the actual mode of service on a foreign Commonwealth citizen defendant.
Civil Procedure — Service Out of Jurisdiction — Kenyan Company — Advertisement in Newspapers
Service by advertisement in widely circulating newspapers in the defendant's country of residence (both the Daily Nation and East African newspapers for a Kenyan company) constitutes effective service against a Commonwealth citizen defendant, subject only to any objection the defendant may raise.

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

Barlmart Logistics Ltd Vs Scarce Commodities Ltd (MISC. APPLICATION NO. 274 OF 2016) 2019 UGHCCD 110 (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.