Wakilii

Nakibinge and 2 Others v Arise and Shine International Outreach Ministries Limited (Miscellaneous Application No. 906 of 2022)

High Court · [2023] UGHCLD 45 · 2023 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to serve summons and for substituted service arising from Civil Suit No. 479 of 2022
Decision
Leave granted for ordinary service through counsel; substituted service refused

Observed later treatment

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Holding

The court partially allowed the application for extension of time to serve summons but declined to grant substituted service. Where the respondent's counsel had filed a notice of instructions providing an address for service, the applicants failed to demonstrate that ordinary service was impossible. The court granted leave to effect ordinary service through the respondent's counsel in the interest of justice.

Outcome

Leave granted for ordinary service through counsel; substituted service refused

Facts

The applicants filed Civil Suit No. 479 of 2022 on 11 February 2022 and summons to file a defence issued on 15 February 2022. The process server received the summons on 20 February 2022 and successfully served the 1st and 3rd defendants but failed to locate the respondent company, its directors or secretary. The summons should have been served by 8 March 2022, and an application for extension should have been filed by 22 March 2022. The instant application was filed on 20 May 2022, over a month late. On the same day the application was filed, a letter dated 17 March 2022 from the respondent's counsel was uploaded to the system, indicating they had instructions to represent the respondent and providing an address for service. The applicants subsequently filed documents in the main suit and instructed new counsel, demonstrating awareness of the respondent's legal representation.

Issues

  1. Whether the application merits the grant of orders to extend time for service of summons to file a defence to the plaint in Civil Suit No. 479 of 2022 and for fresh summons to issue.
  2. Whether substituted service should be granted where ordinary service has not been shown to be impossible.

Orders

  • Application allowed to the extent that leave is granted to effect ordinary service to the respondent through his counsel.
  • Application for substituted service dismissed.

Rules and key headnotes

Service of Process — Extension of Time — Strict Time Limits
An application for extension of time to serve summons under Order 5 rule 18(2) of the Civil Procedure Rules must be made within 15 days after the expiration of the initial 21-day period for service, and failure to comply with this time limit affects the court's discretion to grant the extension.
Service of Process — Substituted Service — Conditions for Grant
Substituted service under Order 5 rule 18 of the Civil Procedure Rules is meant to cater for circumstances where ordinary service upon a defendant within jurisdiction has been deemed impossible, and an applicant must demonstrate that ordinary service is not possible or has been rendered futile before substituted service will be granted.
Service of Process — Service Through Counsel — Notice of Instructions
Where a defendant's counsel has filed a notice of instructions providing an address for service, the plaintiff cannot claim ignorance of the defendant's address and ordinary service through counsel is the appropriate mode of service.

Legislation cited (6)

Full judgment

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

Nakibinge_and_2_Others_v_Arise_and_Shine_International_Outreach_Ministries_Limited_(Miscellaneous_Application_No._906_of_2022)_[2023]_UGHCLD_45_(27_February_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.