Wakilii

Kakooza Elias v Scaffold Systems Limited (Miscellaneous Application No. 276 of 2025)

High Court · [2025] UGCOMMC 376 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside ex parte judgment and decree for defective service of summons
Decision
Ex parte judgment and decree set aside; matter remitted for hearing inter partes

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that substituted service of summons by newspaper advertisement without attaching the plaint does not comply with Order 5 rule 2 of the Civil Procedure Rules and is ineffective. The ex parte judgment and decree were set aside because the summons advertised did not include the plaint as required, and the applicant was not served with the hearing notice. The matter was remitted for hearing inter partes.

Outcome

Ex parte judgment and decree set aside; matter remitted for hearing inter partes

Facts

The respondent obtained an ex parte judgment and decree against the applicant in Civil Suit No. 1719 of 2023. The applicant learned of the proceedings only when served via WhatsApp by a bailiff with a warrant of arrest. The applicant contended that he was never properly served with summons or the hearing notice. The substituted service ordered by the court involved advertising the summons in a newspaper, but the plaint was not attached to the advertisement as required by the Civil Procedure Rules. The applicant applied to set aside the ex parte judgment on grounds of defective service.

Issues

  1. Whether the substituted service of summons was effective where the plaint was not attached to the advertised summons.
  2. Whether the applicant was properly served with the hearing notice.
  3. Whether the ex parte judgment and decree should be set aside for defective service.

Orders

  • The judgment in Civil Suit No. 1719 of 2023, Scaffold Systems Limited v Kakooza Elias, is hereby set aside.
  • The execution proceedings arising out of the said judgment and decree are hereby set aside.
  • The costs of the application shall be in the cause.

Rules and key headnotes

Civil Procedure — Substituted Service — Requirements for Effective Service
Substituted service of summons by newspaper advertisement must be accompanied by a copy of the plaint as required by Order 5 rule 2 of the Civil Procedure Rules. Advertising the summons alone without the plaint does not constitute effective service.
Civil Procedure — Effective Service — Desired Result Test
Effective service of summons means service that produces the desired or intended result of making the defendant aware of the suit so that he has the opportunity to respond by defending or admitting liability. Where substituted service does not produce this result, it is ineffective.
Civil Procedure — Setting Aside Ex Parte Judgment — Grounds
Under Order 9 rule 27 of the Civil Procedure Rules, an ex parte judgment may be set aside where the applicant satisfies the court that summons was not duly served or that he was prevented by sufficient cause from appearing. Defective substituted service constitutes sufficient cause.

Legislation cited (8)

Cases cited (6)

  • Florence Nabatanzi v Naome Binsobodde (Supreme Court Civil Application No. 6 of 1987)
  • Sipiriya Kyaturesire v Justine Bakachulike Bagambe (Civil Appeal No. 20 of 1995)
  • Valery Alia v Alionzi John (High Court Civil Suit No. 157 of 2010)
  • Bitamisi Namuddu v Rwabuganda Godfrey (Supreme Court Civil Appeal No. 16 of 2014)
  • Edison Kanyabwera v Pastori Tumwebaze (Supreme Court Civil Appeal No. 6 of 2004)
  • Geoffrey Gatete and Angela Maria Nakigonya v William Kyobe (Supreme Court Civil Appeal No. 7 of 2005)

Full judgment

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

Kakooza Elias v Scaffold Systems Limited (Miscellaneous Application No. 276 of 2025) [2025] UGCommC 376 (13 October 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.