Uganda Case Law

James Mwangushya Driers v Centenary Rural Development Bank Ltd

James Mwangushya Driers v Centenary Rural Development Bank Ltd (Miscellaneous Application No. 1802 of 2024) [2025] UGCommC 139 (31 March 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 1802 of 2024

Judge

Ocaya, J

The court found that the applicant failed to serve the application within the prescribed 21 days and did not seek an extension of time, rendering the application fatally defective and liable to dismissal. The applicant did not file an affidavit in rejoinder to contest the respondent's evidence regarding late service, and the law presumes uncontroverted evidence as admitted. On the merits, the court held that the applicant was effectively served with summons via WhatsApp, as evidenced by the process server's affidavit and supporting documentation, and thus had sufficient knowledge of the suit.…

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• Setting Aside Default Judgment
• Electronic Service Of Process
• Leave To Appear And Defend
• Loan Default
• Mortgage Foreclosure

Mukasa v Kidzi

Mukasa v Kidzi (Miscellaneous Application 2558 of 2024) [2024] UGHCLD 248 (29 October 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2558 of 2024

Judge

Naluzze Aisha Batala, J

The court granted leave to serve the respondent out of jurisdiction by electronic means, accepting WhatsApp or email service subject to proof of delivery.

• Service Out Of Jurisdiction
• Electronic Service Of Process
• Vesting Order Application
• Affidavit Evidence
• Service-out-of-jurisdiction
• Electronic-service-of-process

Visare Uganda Limited v Katerega & Others

Visare Uganda Limited v Katerega & Others (Miscellaneous Application 2855 of 2023) [2024] UGCommC 38 (19 February 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2855 of 2023

Judge

Stephen Mubiru, J

The court held that the application for leave to appeal should be granted because the issues intended to be raised on appeal are serious, significant, and have ramifications beyond the immediate parties, particularly regarding the practice of execution and electronic service in the Ugandan courts. The court found that the applicant was not guilty of dilatory conduct, as electronic service via ECCMIS was effective and timely. The court further held that the procedural issues raised, such as the authority of an Assistant Registrar to make findings of breach, the sufficiency of constructive cust…

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• Leave To Appeal
• Execution Of Judgments
• Electronic Service Of Process
• Sale Of Mortgaged Property
• Registration Of Titles
• Judicial Discretion

Curtis, Mallet-Prevost, Colt & Mosle LLP v Wabyona

Curtis, Mallet-Prevost, Colt & Mosle LLP v Wabyona (Miscellaneous Application No. 369 of 2020) [2020] UGCommC 22 (14 July 2020)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 369 of 2020

Judge

Adonyo, J

The court held that the mandatory procedure for service of summons outside the jurisdiction, as set out in Order 5 rules 22 and 24 of the Civil Procedure Rules, was not followed by the Respondent. No application for leave to serve out of jurisdiction was made or granted, and thus the purported service of summons on the Applicant, a UK-based law firm, was irregular and invalid. Legal Notice No. 6 of 2019, which allows for electronic service, does not override the requirement to first obtain leave of court to serve out of jurisdiction. Since proper service was not effected, the court's jurisdic…

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• Service Of Summons
• Jurisdiction Over Foreign Parties
• Electronic Service Of Process
• Professional Negligence
• Advocate Client Privilege