Wakilii

Krishna v Ssazi and Another (Miscellaneous Application 132 of 2023)

Industrial Court · [2023] UGIC 59 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to effect service by substituted means arising from Labour Dispute Reference No. 0047 of 2016
Decision
Application granted; substituted service by newspaper publication authorized

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court granted leave for substituted service by publication in a newspaper of wide circulation where the respondents were evasive and elusive, their counsel declined to accept service, and ordinary service could not be effected. The Court held that enlarging time was unnecessary as the respondents had previously filed a defence and appeared in court, and the matter concerned only service of hearing notices.

Outcome

Application granted; substituted service by newspaper publication authorized

Facts

The applicant sought leave to effect service on the respondents by substituted means. The Court process server deposed that the respondents and their counsel suddenly ceased attending Court. Attempts to serve the 2nd Respondent at its principal place of business on the 2nd Floor, Mutaasa Kafeero Building were unsuccessful as the 2nd Respondent declined service on instructions of the 1st Respondent. Counsel on record, M/s. Mungoma, Mabonga, Wakhakha, refused to accept service on the ground that they needed instructions. The respondents had previously filed a written statement of defence on 21 April 2016 and appeared in Court on 21 August 2019, but counsel subsequently ceased appearing.

Issues

  1. Whether the Court should grant leave to effect service on the Respondents by substituted service.
  2. Whether time should be enlarged to effect service.

Orders

  • Application for substituted service granted.
  • Service to be effected by publication in a newspaper of wide circulation.
  • Respondents directed to appear on the hearing date fixed for the main cause.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Service of Process — Substituted Service — Requirements
Under Order 5 Rule 18 of the Civil Procedure Rules, the Court must be satisfied that the summons cannot be served in the ordinary way before it grants an order of substituted service.
Civil Procedure — Service of Process — Substituted Service — Evasive Respondents
Where respondents are evasive and elusive, and their counsel on record has declined to accept service, the Court may grant an order for substituted service by publication in a newspaper of wide circulation.
Civil Procedure — Legal Representation — Withdrawal of Counsel — Professional Conduct
Where counsel have lost instructions, Regulation 3(2) of the Advocates (Professional Conduct) Regulations requires them to give sufficient notice to their client and the Court of their intention to withdraw to enable orderly transition.

Legislation cited (2)

Cases cited (2)

  • Franco Mugumya v Total (U) Ltd (HCMA No. 28 of 2013)
  • Noah Omondi v Civicon LDMA 119 of 2022

Full judgment

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

Krishna_v_Ssazi_and_Another_(Miscellaneous_Application_132_of_2023)_[2023]_UGIC_59_(16_August_2023)
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.