Wakilii

Kitara Tonny v Hon. Mao Norbert (Miscellaneous Application 12 of 2026)

High Court · [2026] UGHC 374 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex-parte application for extension of time and substituted service arising from Election Petition No. 001 of 2026
Decision
Application granted with orders for substituted service and extension of time

Observed later treatment

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Holding

The High Court granted the application for extension of time and substituted service. The court held that the applicant satisfied the requirements under Rule 6(4) and (5) of the Parliamentary Elections (Interim Provisions) (Election Petitions) Rules by demonstrating that all reasonable efforts were made to effect personal service without success. The court found that the delay in filing was justified by the Easter public holidays. Service was ordered by newspaper advertisement and affixing on the court notice board.

Outcome

Application granted with orders for substituted service and extension of time

Facts

On 1 April 2026, Election Petition No. 001 of 2026 was filed in the High Court at Gulu. The applicant's advocate, Mr. Gitta Imran, collected the petition and notice of presentation on 2 April 2026 for service on the respondent. The applicant provided telephone number 0776-001211 to contact the respondent. Multiple calls to this number went unanswered and were not returned. The number was not registered on WhatsApp. Mr. Gitta Imran visited the respondent's known official address at the Ministry of Justice and Constitutional Affairs at JLOS Towers, 8th Floor, Plot 98-102 Katalina Road, Naguru, Kampala, but found the office locked. All efforts to effect personal service proved unsuccessful. The application for substituted service could not be filed by 4 April 2026 as that date fell during the Easter public holidays.

Issues

  1. Whether the applicant should be granted an extension of time within which to file the application for substituted service.
  2. Whether the applicant demonstrated that all reasonable efforts were made to effect personal service on the respondent without success.
  3. Whether the court should order substituted service by way of newspaper advertisement and affixing on the court notice board.

Orders

  • Time within which to present the application for substituted service against the respondent is extended/enlarged.
  • Service of the first page of the Petition and the Notice of Presentation of Election Petition No. 001 of 2026 on the respondent be effected by way of advertising in the Daily Monitor Newspaper and by affixing a copy on the court notice board.
  • The respondent to obtain a full copy of the Petition at the court registry.
  • Costs of this application shall abide the outcome of Election Petition No. 001 of 2026.

Rules and key headnotes

Electoral Law — Election Petitions — Service of Petition — Requirements for Substituted Service
Under Rule 6(4) and (5) of the Parliamentary Elections (Interim Provisions) (Election Petitions) Rules, the court may order substituted service only where it is satisfied that all reasonable efforts have been made to effect personal service on the respondent but without success; the court does not make such an order as a matter of course.
Electoral Law — Election Petitions — Extension of Time — Special Circumstances
Under Rule 19 of the Parliamentary Elections (Interim Provisions) (Election Petitions) Rules, the court may enlarge the time appointed by the rules for doing any act if there exist special circumstances that make it expedient to do so; gazetted public holidays falling within the prescribed period constitute special circumstances justifying extension of time.
Electoral Law — Election Petitions — Service — Purpose and Importance
The purpose of service in election petitions is to enable respondents to be aware of the case against them, to afford them opportunity to defend, to ensure their right to be heard under Article 28 of the Constitution is not flouted, and to ensure that substantive justice is achieved by hearing both parties to avoid miscarriage of justice.

Legislation cited (10)

Cases cited (3)

  • Wanyoto Lydia Mutende v Electoral Commission and Nakayenze Connie Galiwango (Miscellaneous Application No. 11 of 2021)
  • Vincent R. Bbale & Others versus Peri - Urban Agro Eterprises Ltd High Court
  • Kidega Nabinson James v Electoral Commission and Another (Election Petition No. 003 of 2011)

Full judgment

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

Kitara Tonny v Hon. Mao Norbert (Miscellaneous Application 12 of 2026) [2026] UGHC 374 (20 April 2026)
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.