Wakilii

Bwiire Sanon Nadeeba v Mutebi Bennard Mugoya (Election Petition No.007 of 2026; Miscellaneous Application No.16 of 2026)

High Court · [2026] UGHC 404 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for substituted service arising from election petition
Decision
Substituted service granted by newspaper publication and registry deposit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the application for substituted service was filed within the statutory three-day time limit and the applicant had satisfied the court that all reasonable efforts were made to effect personal service on the respondent without success. The court granted substituted service by publication in the Daily Monitor newspaper and by leaving a copy at the High Court registry at Iganga.

Outcome

Substituted service granted by newspaper publication and registry deposit

Facts

The applicant filed an election petition on 1 April 2026 which was endorsed by the Registrar the same day. The applicant's advocate attempted to serve the respondent personally at the respondent's known physical address in Buyigangane village, Butajube, Kasokwe, Bulamogi, Kaliro district. The advocate also attempted service by calling three telephone numbers and sharing documents via WhatsApp. Despite these efforts, the respondent could not be located and did not acknowledge or accept receipt of the documents. The advocate averred that the respondent was deliberately evading service. On 3 April 2026, within the three-day statutory period, the applicant filed an ex parte application for substituted service.

Issues

  1. Whether the application for substituted service was filed within the three-day time limit prescribed by Rule 6(4) of the Parliamentary Elections (Interim Provisions) Rules.
  2. Whether the applicant demonstrated that all reasonable efforts had been made to effect personal service on the respondent without success.

Orders

  • Application allowed.
  • The applicant shall publish the Notice of Election Petition No. 007 of 2026 in the Daily Monitor newspaper on a working day, 7 days from 13 April 2026.
  • The applicant shall leave the respondent's copy at the High Court registry at Iganga.
  • Costs of this application shall be in the main petition.

Rules and key headnotes

Electoral Law — Election Petitions — Service of Process — Time Limits for Filing Application for Substituted Service
An application for substituted service in an election petition must be filed within three days from the date the court Registrar issued the notice of the petition, as prescribed by Rule 6(4) of the Parliamentary Elections (Interim Provisions) (Election Petitions) Rules SI 141-2.
Civil Procedure — Service of Process — Substituted Service — Requirements for Grant
Where a court is satisfied that all reasonable efforts have been made to effect personal service on a respondent without success, the court may order substituted service in any manner prescribed by Order V of the Civil Procedure Rules, including service by publication in a newspaper and by leaving a copy at the court registry.

Legislation cited (7)

Cases cited (1)

  • Amina Mutesi Nalugoda v Stella Maris Nankwanga (Election Miscellaneous Application No. 1 of 2026)

Full judgment

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

Bwiire Sanon Nadeeba v Mutebi Bennard Mugoya (Election Petition No.007 of 2026; Miscellaneous Application No.16 of 2026) [2026] UGHC 404 (13 April 202
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.