Wakilii

Kyambongo University v The Heights Ltd (HCMA 954 of 2015)

High Court · [2016] UGCOMMC 31 · 2016 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside interlocutory judgment and for extension of time to file defence, arising from improper service of summons in the underlying commercial suit
Decision
Interlocutory judgment set aside; defendant granted leave to file defence within 14 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Service of court summons on a clerical secretary of Kyambogo University was not effective service under Order 29 rule 2 of the Civil Procedure Rules, which requires service on a secretary, director, or principal officer of a statutory corporation. Interlocutory judgment entered following ineffective service was set aside.

Outcome

Interlocutory judgment set aside; defendant granted leave to file defence within 14 days

Facts

The Heights Ltd sued Kyambogo University in HCCS 574 of 2015. On 4 September 2015, summons and plaint were served at the office of the University Secretary and received by Raila Asiru, a clerical secretary, who stamped and signed the acknowledgment. The clerical secretary did not forward the documents to the University Secretary, Vice Chancellor, or Legal Department until 8 October 2015, when the Acting University Secretary discovered the suit. By then, time for filing defence had lapsed and an interlocutory judgment had been entered on 2 October 2015. Kyambogo University applied to set aside the interlocutory judgment, arguing that the clerical secretary was not an authorised person under the Universities and Other Tertiary Institutions Act 2001 section 33 to receive summons on behalf of the university.

Issues

  1. Whether there was proper and effective service of summons to file a defence on the Applicant.
  2. What remedies are available to the parties.

Orders

  • Interlocutory judgment entered by the Registrar on 2 October 2015 set aside.
  • Applicant granted leave to file a written statement of defence within 14 days from the date of this order.
  • Costs of the application are costs in the cause.

Rules and key headnotes

Service of Process — Statutory Corporations — Principal Officer
Under Order 29 rule 2 of the Civil Procedure Rules, service of summons on a statutory corporation must be effected on a secretary, any director, or other principal officer of the corporation. A 'secretary' in this context means a corporation secretary or company secretary. A clerical secretary does not fall within any of these categories and is not competent to accept service on behalf of the corporation.
Service of Process — Effective Service
Effective service of summons means service that produces the desired or intended result, which is to make the defendant aware of the suit so that the defendant has the opportunity to respond. Service on an unauthorised person who fails to bring the summons to the attention of an authorised officer in time does not constitute effective service.
Service of Process — Deemed Good Service versus Effective Service
Service that is 'deemed to be good service' under the Civil Procedure Rules is broader than 'effective service'. Service may be lawful and deemed good but still not produce the intended result of making the defendant aware of the suit, in which case it is not effective service within the meaning of Order 36 rule 11.
Interlocutory Judgment — Setting Aside — Improper Service
Where an interlocutory judgment has been entered following service of summons on a person not authorised to receive process on behalf of a statutory corporation, and the summons did not come to the attention of an authorised person in time, the service is not effective and the interlocutory judgment will be set aside.

Legislation cited (13)

Cases cited (9)

  • Geoffrey Gatete and Angela Maria Nakigonya v William Kyobe (Supreme Court Civil Appeal No. 7 of 2005)
  • Makerere University v Zescom Technologies Limited (Misc. Application No. 432 of 2013)
  • [1968] EA Mbogo v Shah
  • Patel v E.A. Cargo Handling Services [1974] EA
  • Re Vic Groves & Co Ltd [1964] 2 All ER 839
  • Remco Ltd v Mistry Jadva Parbat and Co Ltd [2002] 1 EA 233
  • Kampala City Council v Apollo Hotel Corporation [1985] HCB 77
  • Augustine Okurut v Gerald Lwasa and Produce Marketing Board [1988-1990] HCB 164
  • Pirbhai Lalji v Hassanali (1962) EA 306

Full judgment

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

Kyambongo University v The Heights Ltd (HCMA 954 of 2015) [2016] UGCommC 31 (24 March 2016)
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.