Uganda Case Law

Ochwa v Hon. Ogwari

Ochwa v Hon. Ogwari (Election Petition Application 2 of 2023) [2024] UGCA 53 (5 March 2024)

Court

Court of Appeal of Uganda

Case number

Election Petition Application 2 of 2023

Judge

Egonda-Ntende, JA, Luswata, JA, Kihika ,JA

The Court found that the Respondent attempted and effected service of the Notice of Appeal on the Applicant's advocate, M/s Okello Oryem & Co Advocates, within the prescribed time, as required by Rule 78(2) of the Court of Appeal Rules. The advocate's refusal to accept service did not invalidate the service, as the firm was the address for service in the High Court proceedings and no alternative address had been provided by the Applicant. The Applicant did not file any affidavit in rejoinder to rebut the Respondent's evidence, and the Court accepted the Respondent's version as unchallenged. T…

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• Service Of Notice Of Appeal
• Effective Service
• Address For Service
• Enlargement Of Time
• Procedural Compliance

Komol v Hon. Lokeris Samson

Komol v Hon. Lokeris Samson (Election Petition Application 21 of 2022) [2022] UGCA 338 (6 May 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Application 21 of 2022

Judge

Egonda-Ntende, JA, Kibeedi Mutangula, JA, Monica K. Mugenyi, JA

The Court of Appeal of Uganda dismissed an application to strike out an election appeal, holding that the memorandum and record of appeal were filed in time and no valid service objection was shown.

• Filing Timelines
• Record Of Appeal
• Service Of Process
• Address For Service
• Striking Out Appeal
• Election-petitions

Jamal and Others v Shamji

Jamal and Others v Shamji (Civil Appeal No. 67 of 2001) [2007] UGCA 78 (5 June 2007)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 67 of 2001

Judge

Mukasa-Kikonyogo, DCJ, Twinomujuni, JA, Kitumba, JA

The Court of Appeal held that service on the appellants’ former counsel was valid and dismissed the appeal, upholding the High Court’s ruling on preliminary objection.

• Service Of Process
• Substituted Service
• Address For Service
• Extension Of Time
• Preliminary Objection
• Service-of-process

James Bemba and Another v Victoria Tea Estate Ltd

James Bemba and Another v Victoria Tea Estate Ltd (Civil Application No. 24 of 1997) [1997] UGCA 11 (18 November 1997)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 24 of 1997

The court held that the application to strike out the appeal was fundamentally flawed because it was based on the wrong set of rules; the 1996 Supreme Court Rules were not in force at the time the appeal was filed. The correct rules were those in force at the time of filing, and any application must cite the relevant rules. Furthermore, the respondent failed to comply with Rule 75(1) by not furnishing an address for service after being served with the notice of appeal. This failure is fatal, as the rule is mandatory and its purpose is to ensure proper and expeditious service of documents. The…

Source excerpt

• Appeal Procedure
• Service Of Process
• Address For Service
• Compliance With Rules