Wakilii

Nyakana v Luyiga (Miscellaneous Application 452 of 2023)

High Court · [2023] UGHCLD 404 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside exparte taxation ruling arising from taxation application related to execution matter arising from civil suit
Decision
Exparte taxation ruling set aside; matter remitted for inter-party hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court set aside the exparte taxation ruling on the ground that the applicant was not duly served with court process. The respondent had served M/s Barnabus D.K. Dyadi & Co. Advocates, but the record showed the applicant's advocates of record were M/s Kabega, Bogezi & Bukenya Advocates, with no evidence of any change of instruction. The failure to serve proper advocates denied the applicant the right to be heard.

Outcome

Exparte taxation ruling set aside; matter remitted for inter-party hearing

Facts

The applicant sought to set aside an exparte taxation ruling issued by the deputy registrar on 25th January 2023. The applicant contended he was never served with court process before the taxation application was heard. The respondent claimed service had been effected through M/s Barnabus D.K. Dyadi & Co. Advocates. The court's examination of the record revealed that at all material times the applicant's advocates of record were M/s Kabega, Bogezi & Bukenya Advocates, who had represented him through to judgment. There was no evidence on record showing any withdrawal of instructions from the original advocates or any instruction of the new firm the respondent purported to serve.

Issues

  1. Whether the applicant was duly served with court process before the taxation application was heard exparte.
  2. Whether the exparte taxation ruling should be set aside for want of proper service.

Orders

  • The exparte taxation ruling dated 25th January 2023 is set aside.
  • The taxation application shall be heard inter-party.
  • Each party shall bear their own costs for this application.

Rules and key headnotes

Service of Process — Service on Advocates of Record
Where a party is represented by advocates of record, service must be effected on those advocates unless there is evidence of withdrawal of instructions and instruction of new advocates.
Exparte Proceedings — Setting Aside — Failure of Service
An exparte ruling may be set aside where the party proceeded against was not duly served with court process, as failure to serve denies that party the right to be heard and occasions injustice.

Full judgment

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

Nyakana_v_Luyiga_(Miscellaneous_Application_452_of_2023)_[2023]_UGHCLD_404_(23_November_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.