Wakilii

Vincent R. Bbale Mugera & Sarah Kagere Bbale Mugera v Peri-Urban Agro Enterprises Limited & Wamboka Martin (Miscellaneous Application 3851 of 2023)

High Court · [2024] UGHCLD 35 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for substituted service arising from Civil Suit No. 3130 of 2016
Decision
Substituted service authorized through newspaper publication

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court granted an order for substituted service where the applicants demonstrated that the 2nd respondent could not be located at any known address and ordinary service had proven impossible. The court directed service through publication in a newspaper of wide circulation to ensure the ends of justice were met.

Outcome

Substituted service authorized through newspaper publication

Facts

On 19 October 2023, the court issued directives in Civil Suit No. 3130 of 2016 requiring parties to file a joint scheduling memorandum, trial bundle and witness statements. The applicants sought to serve these directives and hearing notices on the 2nd respondent but were unable to do so as the 2nd respondent had no known address. The 2nd respondent's former lawyers, M/S Bwire and Waiswa Co Advocates, had withdrawn from representation and advised that service should be effected personally on the 2nd respondent. A process server attempted to reach the 2nd respondent via telephone numbers provided by the former lawyers but the contacts were unreachable. No physical address was known to any party to the suit, rendering normal service impossible.

Issues

  1. Whether the applicants can effect service of court directives and hearing notice of civil suit No. 3130 of 2016 onto the 2nd respondent by way of substituted service?

Orders

  • Application granted.
  • Directives and hearing notices in Civil Suit No. 3130 of 2016 to be served on the 2nd respondent by way of substituted service through publication in New Vision or Daily Monitor newspapers.
  • Costs of the application to be in the main cause.

Rules and key headnotes

Civil Procedure — Service of Process — Substituted Service — Conditions for Grant
The court may order substituted service of court documents where it is satisfied that service cannot be effected in the ordinary way, including where the defendant has no known address and all reasonable attempts to locate the defendant have been futile.
Civil Procedure — Service of Process — Substituted Service — Mode of Service
Where substituted service is ordered, the court has discretion to direct service in such manner as it thinks fit to ensure that the ends of justice are met, including through publication in newspapers of wide circulation.

Legislation cited (5)

Cases cited (1)

  • Al Hajji Abdu v Tropical Bank (HCMA No. 360 of 2006)

Full judgment

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

Vincent_R._Bbale_Mugera_&_Sarah_Kagere_Bbale_Mugera_v_Peri-Urban_Agro_Enterprises_Limited_&_Wamboka_Martin_(Miscellaneous_Application_3851_of_2023)_[2024]_UGHCLD_35_(12_February_20
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.