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Uganda decisions
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Kateregga v The Presbyterian Church in Uganda (Miscellaneous Application 213 of 2024) [2024] UGCA 58 (11 March 2024)
The court dismissed an application to strike out a suit for late service of summons, finding the defendant had actual notice and filed a defence.
Ochwa v Hon. Ogwari (Election Petition Application 2 of 2023) [2024] UGCA 53 (5 March 2024)
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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Nyanzi Sentamu v The Electoral Commission and 2 Others (Miscellaneous Application No. 10 of 2021 & Election Petition Appeal No. 20 of 2021) [2022] UGCA 175 (24 June 2022)
The Court of Appeal found that, although personal service is the preferred and statutorily required mode for serving election petitions, the circumstances of this case—including repeated failed attempts at personal service, electronic transmission via WhatsApp, and conspicuous placement at the respondent's residence—demonstrated that the third respondent was made aware of the proceedings. The court held that effective service, as interpreted in Geoffrey Gatete v William Kyobe, is achieved when the intended recipient is aware of the suit, regardless of strict compliance with personal service r…
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