Wakilii

Nyanzi Fred Ssentamu v Ntale Nsereko Madina (Miscellaneous Application No. 269 of 2026)

High Court · [2026] UGHCCD 125 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for substituted service arising from Election Petition No. 009 of 2026
Decision
Application for substituted service granted; time for service enlarged; respondent to be served by publication and affixing at court notice board

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Holding

The High Court granted the application for substituted service. The court held that where a petitioner demonstrates reasonable efforts to effect personal service within the statutory timeframe without success, the court may exercise its discretion under Rule 6(4) and (5) of the Parliamentary Elections (Interim Provisions) (Election Petitions) Rules to order substituted service by publication in newspapers and affixing copies at the court notice board. The applicant satisfied the threshold by attempting service at the respondent's residence, workplace, and via WhatsApp, all without success.

Outcome

Application for substituted service granted; time for service enlarged; respondent to be served by publication and affixing at court notice board

Facts

The applicant was a candidate in the Kawempe Division South Constituency parliamentary election held on 15 January 2026. The respondent was declared winner on 17 January 2026. The applicant filed Election Petition No. 009 of 2026 on 30 March 2026 challenging the results. On 1 April 2026, the applicant extracted the sealed notice of presentation of petition for service on the respondents. The applicant attempted to serve the respondent personally through WhatsApp messages on 1 and 2 April 2026, which showed double ticks but received no response. On 2 April 2026, the process server attended the respondent's residence at Kyebando Central and her workplace at Hajjat Madina Foundation, Mawanda Road, but the respondent was not found at either location. Copies of the documents were left at both places. The applicant then brought this application for substituted service, supported by affidavits from the process server and a witness who knew the respondent's residence.

Issues

  1. Whether the applicant demonstrated that all reasonable efforts were made to effect personal service on the respondent without success.
  2. Whether the court should grant an order for substituted service of the election petition and notice of presentation.

Orders

  • Time for service of notice of presentation and the petition in Election Petition No. 009 of 2026 upon the respondent is hereby enlarged/extended.
  • The applicant is hereby allowed to serve a copy of the notice of presentation of petition and a petition in Election Petition No. 0009 of 2026 onto the respondent by way of substituted service in the New Vision and Daily Monitor News Papers within 7 days.
  • The applicant is further ordered to affix a copy of the notice of presentation of petition of Election Petition No. 009 of 2026 at the High Court Civil Division Notice Board.
  • The respondent shall obtain a copy of the petition at the High Court Civil Division Registry.
  • No order as to costs.

Rules and key headnotes

Electoral Law — Election Petitions — Service of Petition — Substituted Service — Requirements
Under Rule 6(4) of the Parliamentary Elections (Interim Provisions) (Election Petitions) Rules, where a respondent cannot be found within three days for effecting personal service, the petitioner must immediately make an application to court supported by an affidavit stating that all reasonable efforts have been made to effect personal service without success.
Electoral Law — Election Petitions — Service of Petition — Time Limits — Enlargement of Time
Service of an election petition must be effected within seven days after filing. Where personal service cannot be effected within three days, the petitioner must apply immediately for substituted service, which period cannot be beyond four days. The petitioner cannot wait and make such application after the expiry of seven days.
Civil Procedure — Service of Process — Substituted Service — Discretion of Court
Under Order 5 Rule 18 of the Civil Procedure Rules, where the court is satisfied that for any reason the summons cannot be served in the ordinary way, the court has discretion to order substituted service by affixing copies in conspicuous places or in such other manner as the court thinks fit. The court may exercise discretion to grant or refuse such orders.
Electoral Law — Election Petitions — Service of Petition — Reasonable Efforts — What Constitutes
Reasonable efforts to effect personal service include attempts to serve at the respondent's known residence and workplace, and through electronic means such as WhatsApp. Where the process server attends both locations and the respondent is not found, and electronic messages receive no response, the court may find that due and reasonable steps have been taken.

Legislation cited (8)

Cases cited (6)

Full judgment

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Nyanzi Fred Ssentamu v Ntale Nsereko Madina (Miscellaneous Application No. 269 of 2026) [2026] UGHCCD 125 (28 April 2026)
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.