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Mirembe v Walusimbi (Civil Revision 2 of 2021) [2023] UGHCCD 412 (16 May 2023)
The High Court set aside ex parte distress-for-rent orders after finding the affidavit of service defective and the applicant had been condemned unheard.
Mbonigaba v.Nkinzehiki (Civil Suit No. 687 of 1971) [1972] UGHC 2 (11 April 1972)
The court found that the affidavit of service was defective because it failed to disclose whether the process server personally knew the applicant/defendant or, if not, the identity of the person who pointed out the defendant. This non-disclosure was a material defect under the Rules of Court, rendering the affidavit invalid. Without a valid affidavit of service, there was no legal basis for the entry of ex parte judgment and decree. The court held that the merits of the applicant/defendant's defence were irrelevant to the application to set aside the judgment; the only considerations were wh…
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