Kabagambe & 2 Others v Kenafric Limited & Another
Kabagambe & 2 Others v Kenafric Limited & Another (Miscellaneous Application 157 of 1993) [1994] UGHC 87 (3 January 1994)
The court held that the applicants failed to establish by affidavit or pleadings that they had a good arguable case or probable cause of action as required by Order 5 Rule 25 of the Civil Procedure Rules. The affidavit merely stated that the respondents were Kenyan citizens and that the case was proper for service outside the jurisdiction, but did not provide sufficient evidence or averments to support the existence of a cause of action. The pleadings did not disclose that the second respondent was acting in the course of employment at the time of the accident, nor did they contain the necess…
Source excerpt
- Service Out Of Jurisdiction
- Leave To Serve Summons
- Cause Of Action
- Affidavit Requirements