Wakilii

Juthalal v Ramji and Another (C.C. 340-1928.)

East African Court of Appeal · [1928] EACA 17 · 1928 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit with application for service out of jurisdiction
Decision
Service by registered post upheld despite defendant's refusal to accept

Observed later treatment

No later-treatment classification is recorded for this judgment.

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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

Where a summons is sent by registered post under Order 5 Rule 27 of the Civil Procedure Rules 1927 and the defendant refuses acceptance of the registered letter, the service is good. The defendant had every opportunity to receive the summons and refusal to accept does not defeat service. The provisions for service by registered post would become ineffective if mere refusal could avoid service.

Outcome

Service by registered post upheld despite defendant's refusal to accept

Facts

The plaintiff obtained leave to serve the defendant in Uganda under Order 5 Rule 27 of the Civil Procedure Rules 1927. The summons was sent by registered post to the defendant at Tororo. The registered cover was delivered by the post to the defendant who refused acceptance. The letter was returned by the postal authorities to the Registrar of the Court on 1 October 1927. The envelope was marked 'refused return to sender'. The envelope bore the marking 'From Registrar, Sup. Crt NRB' indicating it contained a court document.

Issues

  1. Whether service by registered post is valid where the defendant refuses to accept the registered letter.

Orders

  • Service declared good.

Rules and key headnotes

Civil Procedure — Service of Process — Service by Registered Post — Refusal to Accept
Where a summons is sent by registered post in accordance with the Civil Procedure Rules and the defendant refuses acceptance of the registered letter, the service is good and the defendant cannot avoid service by mere refusal.
Civil Procedure — Service of Process — Service Out of Jurisdiction — Registered Post
The provisions for service by registered post would become a dead letter if by merely refusing to accept the registered packet the defendant could avoid service.

Legislation cited (3)

  • Civil Procedure Rules 1927 Order 5 Rule 27
  • Civil Procedure Rules 1927 Order 5 Rule 15
  • Evidence Act s.16

Full judgment

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

Juthalal v Ramji and Another (C.C. 340-1928.) [1928] EACA 17 (1 January 1928)
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.