Wakilii

Nakiberu v Kalemera ( as administrator for the estate of the late rtd Justice Musoke Kibuuka) (Miscellaneous Application No. 82 of 2021)

High Court · [2021] UGHCFD 5 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for substituted service arising from Civil Suit No. 23 of 2021
Decision
Application for substituted service granted with costs to the applicant

Observed later treatment

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Holding

The court granted the application for substituted service despite finding that the respondent was available and had been made aware of the suit through an attempted personal service. The court ordered substituted service by affixing summons at the court notice board and at the respondent's workplace, emphasizing the constitutional right to fair hearing under Article 28.

Outcome

Application for substituted service granted with costs to the applicant

Facts

The applicant sought orders for substituted service of summons arising from Civil Suit No. 23 of 2021. On 26 June 2021, a process server attended the respondent's workplace at the United Nations Africa Institute Secretariat and presented court documents to the respondent. The respondent demanded an introduction letter from court and declined to acknowledge receipt of the documents. An affidavit of service was filed by the process server stating that he met the respondent at her workplace and presented the documents, though she refused to acknowledge receipt. The applicant contended there was no known address for the respondent and all attempts to reach her at work had failed.

Issues

  1. Whether the applicant should be permitted to effect substituted service of summons upon the respondent.

Orders

  • The Applicant is hereby permitted to serve summons to file a defence upon the Respondent.
  • The court shall issue fresh summons to the Applicant for service upon the Respondent.
  • The Applicant is hereby allowed to serve summons upon the Respondent out of time.
  • Substituted service herein shall be made by affixing a copy of the summons in Civil Suit No. 23 of 2021 at the court notice board and any conspicuous place at the United Nations Africa Institute Secretariat premises where the Respondent personally worked for gain.
  • Costs of the application are awarded to the Applicant.

Rules and key headnotes

Civil Procedure — Service of Process — Substituted Service — Conditions for Grant
Substituted service may be granted where the court is satisfied that for any reason summons cannot be served in the ordinary way, and the court may order service by affixing a copy in a conspicuous place or in such manner as the court thinks fit.
Civil Procedure — Service of Process — Purpose of Service — Notice to Defendant
The purpose of service of summons is to make the defendant aware of a pending suit, and where an attempted service makes the defendant aware of the suit's existence, that purpose is fulfilled even if formal acknowledgment is refused.

Legislation cited (4)

Full judgment

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Nakiberu v Kalemera ( as administrator for the estate of the late rtd Justice Musoke Kibuuka) (Miscellaneous Application No. 82 of 2021) [2021] UGHCFD 5 (3 December 2021)
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.