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)
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