[2017] UGSC 66

[2017] UGSC 66

The Supreme Court held that the failure by the respondents or their counsel to furnish an address for service as required by Rule 76 of the Judicature (Supreme Court) Rules left the applicant with no clear party to serve, and this omission cannot be used to penalize the applicant for late service. The Court found that the rules regarding address for service are mandatory and must be strictly adhered to, and that the respondent's counsel lost the right to complain of late service by failing to comply. The Court further held that the existence of a pending application to strike out the appeal did not preclude the applicant from seeking validation of late service, and that no prejudice to...

Citation
[2017] UGSC 66
Parties
Applicant: EB Nyakana & Sons Ltd; Respondent: Mrs. Beatrice Kobusingye; Respondent: Mr. Kizza Samuel; Respondent: Rodemay Balinda; Respondent: Tereza Kaahwa; Respondent: Sam Irumba; Respondent: Mary Leeki & Others
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
19 July 2017
Procedural Posture
Miscellaneous Application / Ruling on Application for Enlargement of Time and Validation of Service of Notice of Appeal
Outcome
application granted
Judges
Mwondha, JSC
Legal Topics
Enlargement of Time, Service of Process, Validation of Appeal Documents
Source Language
English
Civil Procedure Enlargement of Time Service of Process Validation of Appeal Documents

Case Brief

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Parties

EB Nyakana & Sons Ltd

Applicant

Mrs. Beatrice Kobusingye

Respondent

Mr. Kizza Samuel

Respondent

Rodemay Balinda

Respondent

Tereza Kaahwa

Respondent

Sam Irumba

Respondent

Mary Leeki & Others

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Enlargement of Time and Validation of Service of Notice of Appeal

Legal Issues

  1. 1 Whether the applicant should be granted leave to enlarge time to serve the Notice of Appeal and validate the record of Appeal.
  2. 2 Whether failure by the respondents to furnish an address for service excuses the applicant's late service of the Notice of Appeal.
  3. 3 Whether the respondents would suffer prejudice if the application is granted.

Ratio Decidendi

The Supreme Court held that the failure by the respondents or their counsel to furnish an address for service as required by Rule 76 of the Judicature (Supreme Court) Rules left the applicant with no clear party to serve, and this omission cannot be used to penalize the applicant for late service. The Court found that the rules regarding address for service are mandatory and must be strictly adhered to, and that the respondent's counsel lost the right to complain of late service by failing to comply. The Court further held that the existence of a pending application to strike out the appeal did not preclude the applicant from seeking validation of late service, and that no prejudice to...

Court Disposition

application granted

Orders

  • Leave is granted to the applicant to enlarge time to serve the Notice of Appeal and validate the record of Appeal.
  • Each party to bear its own costs.