[2019] UGHCCD 110

[2019] UGHCCD 110

The court found that although the initial application for substituted service was made under Rule 18, the circumstances warranted application of Rule 26, which governs service out of jurisdiction on foreign commonwealth nationals. The affidavit in support of the application demonstrated sufficient efforts to serve the defendant within Uganda and established the defendant's identity and nationality. The court exercised its discretion to approve service by advertisement in the Daily Nation and East African Newspaper, both widely circulated in Kenya. This mode of service was deemed effective, as it satisfied the procedural requirements and provided reasonable notice to the defendant. The...

Citation
[2019] UGHCCD 110
Parties
Applicant: Barlmart Logistics Limited; Respondent: Scarce Comodities Ltd
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
17 January 2019
Case Number
MISC. APPLICATION NO. 274 OF 2016
Procedural Posture
Miscellaneous Application / Ruling on Substituted Service
Outcome
Application for substituted service is upheld; service deemed effective.
Judges
Luswata, J
Legal Topics
Service of Process, Substituted Service, Service Out of Jurisdiction
Source Language
English
Civil Procedure Service of Process Substituted Service Service Out of Jurisdiction

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Barlmart Logistics Limited

Applicant

Scarce Comodities Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Substituted Service

Legal Issues

  1. 1 Whether substituted service effected by advertisement in regional newspapers constitutes effective service on a foreign defendant.
  2. 2 Whether the correct procedural law was followed for service upon a foreign commonwealth national.

Ratio Decidendi

The court found that although the initial application for substituted service was made under Rule 18, the circumstances warranted application of Rule 26, which governs service out of jurisdiction on foreign commonwealth nationals. The affidavit in support of the application demonstrated sufficient efforts to serve the defendant within Uganda and established the defendant's identity and nationality. The court exercised its discretion to approve service by advertisement in the Daily Nation and East African Newspaper, both widely circulated in Kenya. This mode of service was deemed effective, as it satisfied the procedural requirements and provided reasonable notice to the defendant. The...

Court Disposition

Application for substituted service is upheld; service deemed effective.

Orders

  • Plaintiff's counsel is ordered to file his scheduling notice within 21 days of this ruling.
  • Case may proceed to hearing.