Wakilii

Maganda Emmanuel Katoko v Namuganza Persis Princess (Miscellaneous Application 8 of 2026)

High Court · [2026] UGHC 407 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex-parte application for substituted service and extension of time arising from election petition
Decision
Substituted service authorized through newspaper publication

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted substituted service of an election petition where the applicant demonstrated reasonable efforts to serve the respondent personally at two residential addresses and her office without success. The application was filed within time, as the three-day deadline fell on a public holiday and was extended to the next working day under section 112 of the Parliamentary Elections Act.

Outcome

Substituted service authorized through newspaper publication

Facts

The applicant filed an election petition on 1 April 2026. He attempted to serve the respondent personally through a court process server on 1 April 2026 at two residential addresses in Namutumba district without success. A further attempt was made on 2 April 2026 by counsel at the respondent's office at the Ministry of Lands and Urban Planning in Kampala, also without success. The applicant filed this application for substituted service on 7 April 2026, seeking authorization to serve the petition through newspaper publication and electronic means.

Issues

  1. Whether the application for substituted service was filed within the prescribed time limit.
  2. Whether the applicant demonstrated reasonable efforts to effect personal service on the respondent to warrant an order for substituted service.

Orders

  • Application granted.
  • The applicant shall publish the Notice of presentation of Election Petition No. 008 of 2026 in the Daily Monitor Newspaper or New Vision Newspaper within 7 days from 13 April 2026.
  • Costs of this application shall be in the main petition.

Rules and key headnotes

Civil Procedure — Service of Process — Computation of Time — Public Holidays
Where a statutory deadline for filing an application falls on a public holiday, section 112 of the Parliamentary Elections Act extends the deadline to the next working day following the public holiday.
Civil Procedure — Service of Process — Substituted Service — Requirements
Under Rule 6(5) of the Parliamentary Elections (Election Petition) (Interim Provisions) Rules, the court must be satisfied that all reasonable efforts have been made to effect personal service on the respondent before granting an order for substituted service.
Electoral Law — Election Petitions — Service — Reasonable Efforts
Attempts to serve a respondent at two residential addresses through a court process server and at the respondent's office through counsel constitute reasonable efforts sufficient to warrant substituted service in election petition proceedings.

Legislation cited (10)

Full judgment

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Maganda Emmanuel Katoko v Namuganza Persis Princess (Miscellaneous Application 8 of 2026) [2026] UGHC 407 (13 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.