[2024] UGHC 621

[2024] UGHC 621

The court found that the Applicant failed to serve the Application on the Respondent within the 21 days prescribed by Order 5 Rule 1(2) of the Civil Procedure Rules, and no valid application for extension of time was made within the additional 15 days allowed by law. The Applicant's assertion that service was...

Source-derived case information.

Citation
[2024] UGHC 621
Parties
Applicant: Olivia Orishaba; Respondent: Ngobi Anthony
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
29 May 2024
Case Number
Miscellaneous Application 49 of 2023
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Outcome
application dismissed on preliminary objection
Judges
Bukirwa, J
Legal Topics
Service of Process, Review of Court Orders, Timeliness of Service, Judicial Notice
Source Language
english
Civil Procedure Service of Process Review of Court Orders Timeliness of Service Judicial Notice

Source-derived case record

Summary, issues, holding and outcome

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Parties

Olivia Orishaba

Applicant

Ngobi Anthony

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the Applicant is an aggrieved person within the meaning of Section 82 of the Civil Procedure Act Cap 71.
  2. 2 Whether the Application meets the criteria for review.
  3. 3 Whether the Application was served within the time prescribed by Order 5 of the Civil Procedure Rules.

Ratio Decidendi

The court found that the Applicant failed to serve the Application on the Respondent within the 21 days prescribed by Order 5 Rule 1(2) of the Civil Procedure Rules, and no valid application for extension of time was made within the additional 15 days allowed by law. The Applicant's assertion that service was validated through Miscellaneous Application No.93 of 2023 was unsupported by any evidence or court order presented to this court. The court held that judicial notice could not be taken of the alleged validation in the absence of a sealed court order. The mandatory provisions of Order 5 Rule 3 require dismissal of any suit or application not served within the prescribed time and...

Court Disposition

application dismissed on preliminary objection

Orders

  • Miscellaneous Application No. 049 is dismissed due to the Applicant's failure to serve the Application on the Respondent within the precepts of Order 5 of the Civil Procedure Rules.
  • Costs of Application are awarded to Respondent.