Wakilii

Centenary Rural Development Bank v Kamukama (Miscellaneous Application 546 of 2024)

High Court · [2024] UGCOMMC 199 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex-parte interlocutory application for extension of time to serve summons and for substituted service in pending commercial suit
Decision
Application granted with substituted service authorized

Observed later treatment

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Holding

Court granted extension of time to serve summons and allowed substituted service through newspaper advertisement and court notice board where applicant demonstrated failed attempts to serve respondent personally at known telephone numbers and workplace, and summons had expired beyond statutory 21 days.

Outcome

Application granted with substituted service authorized

Facts

The Applicant filed suit HCCS 0117 of 2024 but failed to serve the Respondent with summons and plaint within the statutory 21 days. A court process server attempted service through known telephone numbers 0702-827-863 and 0782-827-863 but calls went unanswered or unreturned. The Respondent being a member of parliament, the process server attempted service at parliament but was denied access by security. The security team and Clerk of Parliament attempted to contact the Respondent by telephone but calls went unanswered. The Clerk of Parliament informed the process server he was not authorized to accept service on behalf of members of parliament in civil matters. Having exhausted ordinary means of service, the Applicant sought court orders for extension of time and substituted service.

Issues

  1. Whether the Applicant is entitled to an extension of time to serve summons and to substituted service.
  2. What other remedies are available to the Applicant?

Orders

  • The summons in HCCS 0117 of 2024 is hereby renewed.
  • The Respondent shall be served through substituted service by advertising the summons and plaint in a newspaper of wide and daily circulation.
  • The plaint and summons shall be advertised on the notice board of the court house.
  • Costs of this application shall abide the outcome of the main cause.

Rules and key headnotes

Service of Process — Substituted Service — Requirements
Where a court is satisfied that for any reason summons cannot be served in the ordinary way, it shall order substituted service by affixing a copy in a conspicuous place in the court house and upon the defendant's last known residence or place of business, or in such other manner as the court thinks fit, and such substituted service shall be effective as if made personally.
Service of Process — Extension of Time — Discretion
A court may extend time for service of summons where the applicant demonstrates that despite reasonable efforts to effect personal service through last known contact details and place of work, service has proved futile and the statutory time limit has expired.
Service of Process — Purpose — Fair Hearing
The purpose of service of summons is to make the defendant aware of a pending suit, and the purpose of substituted service is to make the defendant aware if personal service cannot be effected, both requirements flowing from the constitutional right to a fair hearing under Article 28 of the Constitution.

Legislation cited (10)

Full judgment

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Centenary Rural Development Bank v Kamukama (Miscellaneous Application 546 of 2024) [2024] UGCommC 199 (15 July 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.