Wakilii

Ssemwanga v Rwakiseta (Miscellaneous Application No. 1441 of 2018)

High Court · [2022] UGHCLD 57 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to dismiss or strike out Civil Suit No. 937 of 2017 for want of proper service
Decision
Application dismissed with directions for proper service to be effected

Observed later treatment

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Holding

The court held that service of summons through the LC1 chairman's spouse was not personal service and did not qualify as service through a recognized agent under the Civil Procedure Rules. However, the court declined to strike out the suit, instead ordering the respondent/plaintiff to effect proper service to each defendant and present proper proof of service to court, as it would be in the applicant's interest to defend himself against the allegations.

Outcome

Application dismissed with directions for proper service to be effected

Facts

The applicant, through his lawful attorney Tusubiira Allan, sought to have Civil Suit No. 937 of 2017 dismissed or struck out for want of proper service. The respondent had previously filed Civil Suit No. 662 of 2014 which was dismissed in April 2019. In July 2018, the LC1 Chairman of Lumuli informed Tusubiira that the respondent had instituted Civil Suit No. 937 of 2017 and that copies of the summons and plaint had been brought to him for collection. The applicant's attorney collected the documents and delivered them to his lawyers, who informed him that service had been effected out of time. The summons to file a defence was issued on 14 June 2018 and should have been served within 21 days. The affidavit of service indicated defendants were served on 15 June 2018, but actual service was made through the LC1 chairman's spouse. The applicant acknowledged receiving the court documents informally before 5 July 2018.

Issues

  1. Whether the applicant was properly served with court process in Civil Suit No. 937 of 2017.
  2. Whether Civil Suit No. 937 of 2017 should be dismissed or struck out for want of proper service.

Orders

  • Application to strike out the suit dismissed.
  • Respondent/plaintiff ordered to effect proper service to each defendant in Civil Suit No. 937 of 2017.
  • Proper proof of service to be presented to court.

Rules and key headnotes

Civil Procedure — Service of Process — Personal Service and Service on Agent
Personal service entails leaving a copy of the document served with the person upon whom service is intended to be effected. Service on a defendant's agent is effective only if the agent is empowered to accept service. Proper effort must be made to effect personal service, but if not possible, service may be made to an agent or advocate.
Civil Procedure — Service of Process — Recognized Agents under Order 3 r.2 CPR
Under Order 3 r.2 of the Civil Procedure Rules, recognized agents are persons holding powers of attorney authorizing them to make appearances and applications on behalf of parties, or persons carrying on trade or business for and in the names of parties not resident within the local limits of the court's jurisdiction. Local authorities such as LC1 chairmen are not recognized as agents of parties to a suit.
Civil Procedure — Service of Process — Service Through LC1 Chairman
While the law recognizes the role of local authorities to help defendants understand the contents of summons, service through an LC1 chairman's spouse is not personal service and does not qualify as service through a recognized agent of the defendant. Where a specific procedure is provided for, parties are obliged to follow it.
Civil Procedure — Service of Process — Time Limits under Order 5 r.7 CPR
Service of summons issued under Order 5 r.7 must be effected within twenty-one days from the date of issue. The plaintiff has an additional fifteen days within which to seek extension of time. A defendant served out of time must count from the period of 21 days added to the 15 days' allowance within which the plaintiff is required to file an application for extension of time before filing a complaint against late service.

Legislation cited (6)

Cases cited (5)

  • Dnlkano v Michllous Agub Mudllu [1966] EA 229
  • Kiggindu v Kasulya [1977] HCB 164
  • I,.Ui as. Dealt [1962] EA 306
  • lfiC us- Kolto'/.gole [1975] HCB 336
  • lfiageld u, Kakungulu (1976) ECB 2A9

Full judgment

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

Ssemwanga_v_Rwakiseta_(Miscellaneous_Application_No._1441_of_2018)_[2022]_UGHCLD_57_(28_April_2022)
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.