Wakilii

Busonga v Victory Christian Centre (Miscellaneous Application 466 of 2024)

High Court · [2024] UGHCLD 206 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file written statement of defence out of time arising from civil suit no. 309 of 2023
Decision
Application granted — applicant permitted to file written statement of defence out of time; main suit to proceed to hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that effective personal service on the applicant had not been made before the respondent resorted to substituted service. Service on one joint administrator did not constitute sufficient service on all administrators of the estate. The applicant showed sufficient cause for failing to file defence in time and was granted leave to file defence out of time, with costs in the cause.

Outcome

Application granted — applicant permitted to file written statement of defence out of time; main suit to proceed to hearing

Facts

The respondent filed civil suit no. 309 of 2023 against defendants including the applicant, seeking declarations that the applicant was a trespasser on the respondent's land at Kibuga Block 7 Plot 967, Ndeeba. The respondent served summons on the 3rd defendant (the applicant's co-administrator of an estate) on 10 August 2023 but did not serve the applicant personally. The respondent then obtained an order for substituted service through the New Vision newspaper on 23 October 2023. No defence was filed and the court proceeded exparte. The applicant learned of the proceedings on 15 February 2024 through the 2nd defendant. The applicant brought this application for leave to file defence out of time, arguing that he was never personally served with summons. The respondent opposed, contending that service on the 3rd defendant as joint administrator bound the estate and that the applicant deliberately ignored the proceedings. The court found that the applicant lives on Kibuga Plot 968 Block 7, adjacent to the respondent's property, and could have been personally served.

Issues

  1. Whether the Applicant should be granted leave to file a written statement of defence out of time?

Orders

  • Application granted.
  • Applicant allowed to file his defence.
  • Costs to be in the cause.
  • Case 309 of 2023 fixed for hearing on 9th December 2024.
  • Hearing notices to issue.
  • In case the Applicant is unable to proceed, Court will go ahead with the exparte proceedings.

Rules and key headnotes

Service of Summons — Multiple Defendants — Joint Administrators
Where defendants are joint administrators of an estate, service of summons on one administrator without evidence that he or she was authorised to receive service on behalf of the others is insufficient. The plaintiff must serve all administrators individually or establish agency for service.
Substituted Service — Requirements for Order
Substituted service may only be ordered where the court is satisfied that for any reason the summons cannot be served in the ordinary way. Proper effort must be made to effect personal service before resorting to substituted service.
Extension of Time — Sufficient Cause — Failure to File Defence
Sufficient cause for extending time to file a defence must relate to the inability or failure to take the necessary step within the prescribed time. Where a defendant was not effectively served with summons before the plaintiff resorted to substituted service, the defendant has shown sufficient cause for failing to file defence in time.

Legislation cited (12)

Cases cited (4)

Full judgment

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

Busonga_v_Victory_Christian_Centre_(Miscellaneous_Application_466_of_2024)_[2024]_UGHCLD_206_(22_August_2024)
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.