Mashate v Kaguta

Mashate v Kaguta

Service of the claim form at the Ugandan High Commission did not constitute valid service under the Civil Procedure Rules, and there were no sufficient grounds to admit new evidence or grant permission for a second appeal.

Parties
Applicant: Mashate; Respondent: Kaguta
Jurisdiction
England and Wales
Judgment Date
28 July 2009
Procedural Posture
Civil Appeal / Application for Permission for Second Appeal
Outcome
application refused
Legal Topics
Service of Process, State Immunity, Appeals, Default Judgment
Civil Procedure Service of Process State Immunity Appeals Default Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mashate

Applicant

Kaguta

Respondent

Procedural Posture

Civil Appeal / Application for Permission for Second Appeal

Legal Issues

  1. 1 Whether service of the claim form on the respondent at the Ugandan High Commission in London constituted valid service under the Civil Procedure Rules
  2. 2 Whether new evidence regarding an alleged agreement on service should be admitted at the appeal stage
  3. 3 Whether there are grounds for granting permission for a second appeal

Ratio Decidendi

Service of the claim form at the Ugandan High Commission did not constitute valid service under the Civil Procedure Rules, and there were no sufficient grounds to admit new evidence or grant permission for a second appeal.

Court Disposition

application refused

Orders

  • Application for permission for a second appeal is dismissed.