Wakilii

Sande Clement Achoga v Adidwa Abdu (Miscellaneous Application 7 of 2026)

High Court · [2026] UGHC 409 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for substituted service and enlargement of time arising from Election Petition No. 006 of 2026
Decision
Substituted service granted; applicant to proceed with service by publication and deposit at registry

Observed later treatment

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Holding

The High Court granted an application for substituted service of an election petition where the applicant demonstrated reasonable efforts to personally serve the respondent without success. The court held that the application was filed in time, applying section 112 of the Parliamentary Elections Act which extends deadlines falling on public holidays to the next working day.

Outcome

Substituted service granted; applicant to proceed with service by publication and deposit at registry

Facts

The applicant filed Election Petition No. 006 of 2026 on 31 March 2026. The court process server attempted personal service on the respondent at his residence in Nasinu Namayingo T/C but the respondent was not present. The process server also attempted contact via telephone number +256772346864 and sent scanned copies via WhatsApp number 0702346864, but the respondent ignored these attempts. The applicant filed this application for substituted service on 7 April 2026, seeking orders to effect service by alternative means and to enlarge the time for service. The application was heard ex parte as the respondent could not be served.

Issues

  1. Whether the application for substituted service was filed within the prescribed time limit.
  2. Whether the applicant demonstrated reasonable efforts to effect personal service on the respondent warranting an order for substituted service.

Orders

  • Application allowed.
  • Applicant to publish the Notice of Election Petition No. 006 of 2026 in the Daily Monitor Newspaper on a working day, 7 days from 13 April 2026.
  • Applicant to leave the respondent's copy at the High Court registry at Iganga.
  • Costs of this application to be in the main petition.

Rules and key headnotes

Electoral Law — Election Petitions — Time Limits — Extension of Deadlines Falling on Public Holidays
Where a deadline prescribed under the Parliamentary Elections Act falls on a public holiday, section 112 of the Parliamentary Elections Act Cap. 117 operates to extend that deadline to the next working day following the public holiday.
Civil Procedure — Service of Process — Substituted Service — Requirements for Grant
An order for substituted service will be granted where the applicant satisfies the court that all reasonable efforts have been made to effect personal service on the respondent without success, as required by Rule 6(5) of the Parliamentary Elections (Interim Provisions) (Election Petition) Rules SI 141-2.
Civil Procedure — Service of Process — Substituted Service — Reasonable Efforts
Reasonable efforts to effect personal service include attempts at the respondent's known residence, contact via known telephone numbers, and transmission of documents via electronic means such as WhatsApp, where such efforts are documented by affidavit evidence.

Legislation cited (9)

Full judgment

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Sande Clement Achoga v Adidwa Abdu (Miscellaneous Application 7 of 2026) [2026] UGHC 409 (13 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.