Wakilii

Nalwanga and Others v The Administrator of the Estate of the Late Muwanga Yoweri Kaddu (Miscellaneous Application 983 of 2023)

High Court · [2023] UGHCLD 195 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to vary court orders on service of notice of suit
Decision
Application dismissed for failure to prove attempts at personal service

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application seeking to vary orders requiring personal service of notice of suit on intended plaintiffs. The court held that where applicants had obtained signatures and authorization from 100 intended plaintiffs, they were presumed to know their whereabouts. Without proof of any attempt to effect personal service as required by the Civil Procedure Rules, the court declined to permit substituted service by newspaper advertisement.

Outcome

Application dismissed for failure to prove attempts at personal service

Facts

The applicants had been granted leave in Miscellaneous Cause No. 080 of 2022 to represent 100 other beneficiaries in a suit concerning land comprised in Busiro Block 555 Plot 1 at Bugera, located at Bussi Island, measuring approximately 660 acres. The court's ruling of 1 December 2022 directed the applicants to effect personal service of notice of suit on the intended plaintiffs. The applicants subsequently filed this application seeking to vary that order, claiming the intended persons were many and scattered in different geographical areas, making personal service difficult. They sought permission to serve by newspaper advertisement instead. The court noted that the applicants had previously attached a list of 100 interested parties with their signatures authorizing representation.

Issues

  1. Whether the applicants should be allowed to effect service of notice of suit by way of advertisement in a newspaper instead of personal service.

Orders

  • Application dismissed.
  • No orders as to costs.

Rules and key headnotes

Civil Procedure — Service of Process — Personal Service — Requirement to Prove Attempts Before Substituted Service
Where a party seeks substituted service by advertisement after being ordered to effect personal service, the court will not grant such relief unless the applicant adduces proof that attempts were made to effect personal service as required by the Civil Procedure Rules.
Civil Procedure — Service of Process — Knowledge of Whereabouts — Presumption Against Substituted Service
Where applicants have obtained signatures and authorization from intended plaintiffs and are presumed to have knowledge of their whereabouts, the court will be disinclined to permit substituted service on grounds that the persons cannot be found or accessed.
Civil Procedure — Service of Process — Notice of Suit — Mode of Service
A notice of intended suit must be served in the manner provided for service of summons under the Civil Procedure Rules, including compliance with requirements for proof of service by affidavit stating the time, manner, and circumstances of service.

Legislation cited (7)

Full judgment

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

Nalwanga_and_Others_v_The_Administrator_of_the_Estate_of_the_Late_Muwanga_Yoweri_Kaddu_(Miscellaneous_Application_983_of_2023)_[2023]_UGHCLD_195_(11_July_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.