Wakilii

Muyanja Paul v Paxon Murage Maina (Civil Suit No. 0228 of 2025; Miscellaneous Application No. 0815 of 2025)

High Court · [2025] UGCOMMC 188 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to serve summons outside jurisdiction arising from breach of contract suit
Decision
Leave granted to serve defendant in Kenya with summons and pleadings in the underlying breach of contract suit

Observed later treatment

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Holding

The High Court granted leave to serve summons outside Uganda's jurisdiction in Kenya. The court held that where a contract was concluded and to be performed in Uganda, and the defendant submitted to Ugandan jurisdiction through the contract terms, the plaintiff established a good arguable case for service out of jurisdiction under Order 5 Rule 22 of the Civil Procedure Rules. The cause of action arose within Uganda's jurisdiction, making it a proper case for extraterritorial service.

Outcome

Leave granted to serve defendant in Kenya with summons and pleadings in the underlying breach of contract suit

Facts

The applicant/plaintiff instituted Civil Suit No. 0228 of 2025 against the respondent/defendant for breach of contract seeking recovery of UGX 60,000,000. The parties had entered into a logistics agreement whereby the defendant was to transport tyres from Mombasa, Kenya, to Kampala, Uganda. Upon delivery, some tyres were discovered lost in transit. The defendant was found liable and signed a memorandum of understanding on 24 October 2022 in Kampala, Uganda, agreeing to pay UGX 60,000,000. The defendant failed to pay and resides in Kenya at Walmwa Buildings HSE 12B near Kasarani Police Station, Thika Road, Nairobi. The applicant sought leave to serve summons outside Uganda's jurisdiction.

Issues

  1. Whether there are sufficient grounds to warrant the granting of leave to effect service of summons and other court documents outside of jurisdiction in Civil Suit No. 0228 of 2025?

Orders

  • Application allowed.
  • Fresh summons to issue for service.
  • Applicant/Plaintiff granted leave to serve the Respondent/Defendant with the pleadings in Civil Suit No. 228 of 2025.
  • Costs of the application to abide by the main suit.

Rules and key headnotes

Service Out of Jurisdiction — Requirements for Leave
An applicant seeking leave to serve summons outside Uganda's jurisdiction must satisfy the court that: (a) the plaintiff has a good cause of action; (b) the place or country where the defendant is or probably may be found is identified; (c) the grounds for the application are stated; and (d) the case is a proper one for service out of jurisdiction under Order 5 Rule 22 of the Civil Procedure Rules.
Service Out of Jurisdiction — Good Cause of Action Standard
For purposes of granting leave to serve out of jurisdiction, a 'good cause of action' means the applicant must show a 'good arguable case' or 'probable cause' at the time of the application. The applicant is not required to prove or substantiate the case at this stage, but must demonstrate that the case prima facie shows a dispute for the court's consideration.
Service Out of Jurisdiction — Breach of Contract Within Jurisdiction
Under Order 5 Rule 22(e) of the Civil Procedure Rules, service out of jurisdiction may be allowed where the suit is founded on breach of contract and the contract, according to its terms, ought to be performed within Uganda's jurisdiction, even if the contract was made elsewhere.
Jurisdiction — Submission by Agreement
A party submits to the jurisdiction of a Ugandan court where the parties agree beforehand to have disputes resolved in Uganda's jurisdiction. Submission to jurisdiction means putting oneself under the power of the court to adjudicate over the matter in issue.

Legislation cited (5)

Cases cited (6)

  • Misnak International (UK) Limited v 4MB Mining Limited and 3 Others [2019] KLR
  • Bank of Uganda v Transroad Ltd (Civil Appeal No. 031 of 1997)
  • Law Society of Kenya vs Martin Day & 3 Others
  • J. Kabagambe and Others v Ken Africa Limited and Others (Miscellaneous Application No. 157 of 1993)
  • Vitkovice Horni A. Hutni Tezirstvo v Korner [1951] 2 All ER
  • Assanand and Sons (U) Ltd v E. A Records [1952] EALR

Full judgment

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

Muyanja Paul v Paxon Murage Maina (Civil Suit No. 0228 of 2025; Miscellaneous Application No. 0815 of 2025) [2025] UGCommC 188 (20 June 2025)
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.