Wakilii

Kisuule and Another v Kyeyune and Another (Miscellaneous Application 61 of 2024)

High Court · [2024] UGHCLD 9 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for substituted service arising from civil suit No.962 of 2021
Decision
Application granted; applicants permitted to serve respondents by substituted service through newspaper publication

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

Where a process server demonstrates multiple unsuccessful attempts to serve respondents personally, including visiting their last known address, contacting their former advocates, and attempting alternative contact methods, the court may permit substituted service by publication in a newspaper of wide circulation. The court exercises inherent powers under s.98 of the Civil Procedure Act to ensure justice is served when personal service proves impossible despite diligent efforts.

Outcome

Application granted; applicants permitted to serve respondents by substituted service through newspaper publication

Facts

The applicants filed Civil Suit No.962 of 2021 against the respondents seeking declarations regarding land and alleging that respondents hired armed assailants who infringed their rights. The applicants attempted to serve hearing notices and trial bundles on the respondents. The process server visited the respondents' former advocates (M/S Lukwago, Matovu and Co.) who stated they no longer represented the parties and did not know their whereabouts. The process server then went to Wakiso District, met the 2nd respondent's son Nathan Kirekke, and proceeded to the 1st respondent's home where he met Nakimbugwe Phiona who stated the 1st respondent was her brother-in-law but was away. The process server left documents with her. He obtained the 2nd respondent's telephone contact from Nakimbugwe Phiona but received no response. Attempts to serve documents via WhatsApp also failed. Unable to locate the respondents despite diligent efforts, the applicants sought leave for substituted service.

Issues

  1. Whether the applicants can effect service on the respondents by way of substituted service?

Orders

  • Fresh summons to be issued to the applicants to be served on the respondents/defendants in Civil Suit No.962 of 2021 by way of substituted service in a newspaper of wide circulation.
  • No order as to costs.

Rules and key headnotes

Service of Process — Substituted Service — When Permitted
Where a court is satisfied that for any reason summons cannot be served in the ordinary way, it shall order that service be effected by substituted service under Order 5 rule 18 of the Civil Procedure Rules.
Service of Process — Diligence Required for Substituted Service
To obtain an order for substituted service, an applicant must demonstrate that all efforts have been made to effect personal service but have been rendered futile due to inability to trace the whereabouts of the respondents.
Inherent Powers of Court — Ensuring Ends of Justice
The court is enjoined under section 98 of the Civil Procedure Act to exercise inherent powers to ensure that the ends of justice are met at all times, including issuing fresh summons for substituted service when ordinary service proves impossible.

Legislation cited (4)

Full judgment

↓ Download PDF

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

Kisuule_and_Another_v_Kyeyune_and_Another_(Miscellaneous_Application_61_of_2024)_[2024]_UGHCLD_9_(15_January_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.