Wakilii

Edward Ndizihibwe and Others v Herbert Sewe (Miscellaneous Appeal No. 2 of 2024)

High Court · [2025] UGHCLD 259 · 2025 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from the ruling of the Assistant Registrar granting a temporary injunction
Decision
Appeal dismissed for failure to effect service of hearing notice within the prescribed time

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court dismissed an appeal for non-compliance with service requirements under the Civil Procedure Rules. The appellants failed to file an affidavit of service within the prescribed 21-day period following the issuance of a hearing notice. Applying Order 5 rule 1(3)(a) of the Civil Procedure Rules, the court dismissed the appeal for want of service.

Outcome

Appeal dismissed for failure to effect service of hearing notice within the prescribed time

Facts

The appellants appealed against a ruling of the Assistant Registrar dated 8 January 2024 granting a temporary injunction to the respondent regarding land at Bukasa, Wakiso District. The appeal was filed on 15 January 2024. The appellants' counsel applied for a hearing date on 1 August 2024. A hearing notice was issued on 10 October 2024 and uploaded on 11 October 2024. By 28 January 2025, the appellants had not filed an affidavit of service to show that the hearing notice had been served on the respondent within the prescribed 21-day period.

Issues

  1. Whether the appeal should be dismissed for failure to serve the hearing notice within the prescribed time.

Orders

  • Appeal dismissed under Order 5 rule 1 sub rule 3(a) of the Civil Procedure Rules.

Rules and key headnotes

Civil Procedure — Service of Process — Hearing Notices — Failure to Serve Within Prescribed Time
Where a hearing notice is issued and the party required to effect service fails to file an affidavit of service within 21 days as required by Order 5 rule 1(2) of the Civil Procedure Rules, the court may dismiss the matter under Order 5 rule 1(3)(a) for want of service.

Legislation cited (7)

Full judgment

↓ Download PDF

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

Edward_Ndizihibwe_and_Others_v_Herbert_Sewe_(Miscellaneous_Appeal_No._2_of_2024)_[2025]_UGHCLD_259_(28_January_2025)
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.