Soroti District Land Board v Okim (Miscellaneous Application 177 of 2023) [2024] UGHC 569 (26 June 2024)
Court
High Court of Uganda
Case number
Miscellaneous Application 177 of 2023
Judge
Adonyo, J
The High Court of Uganda at Soroti allowed a land board’s application to file a defence out of time after finding service of the counterclaim was not properly proved.
Tropical Bank Limited v Lukwago (Civil Application 22 of 2024) [2024] UGCA 60 (19 March 2024)
Court
Court of Appeal of Uganda
Case number
Civil Application 22 of 2024
Judge
Mulyagonja, JA
The Court found that the applicant's delay in filing the notice of appeal was justified due to the newness and technical limitations of the ECCMIS system, and the failure of the advocate to receive notification should not prejudice the applicant. The applicant demonstrated a prima facie case for appeal based on the contention that service of the hearing notice was not effected as required by law, specifically on the designated Legal Services Department. The respondent's prior success in obtaining a warrant of attachment and the possibility of further execution proceedings posed a real risk of…
Kinyara Sugar Limited v Kyomuhendo (Miscellaneous Application 85 of 2021) [2023] UGHC 144 (27 October 2023)
Court
High Court of Uganda
Case number
Miscellaneous Application 85 of 2021
Judge
Byaruhanga Rugyema, J
The High Court at Masindi set aside an ex parte judgment against Kinyara Sugar Ltd after finding the summons were not duly served on a proper corporate officer.
Spencon Services Limited v Onencan (CIVIL APPEAL No. 0092 OF 2016) [2017] UGHCCD 38 (24 April 2017)
Court
HC: Civil Division (Uganda)
Case number
CIVIL APPEAL No. 0092 OF 2016
Judge
Stephen Mubiru, J
The court found that the trial magistrate erred in determining that service on Stephen, identified only as an administrator, satisfied the requirement for service on a principal officer of the corporation under Order 29 rule 2(a) of The Civil Procedure Rules. The functional role of 'administrator' was not shown to involve substantial executive or managerial powers, and thus did not meet the strict requirements for service on a corporation. As a result, the ex-parte judgment was irregular and had to be set aside ex debito justitiae. The appellant was granted leave to file its defence, and the…