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Muwanga Vs Sun Huawen (MISCELLENOUS APPLICATION NO. 114 OF 2018) [2019] UGHCCD 96 (7 May 2019)
The High Court dismissed a motion for being served nearly nine months late, holding that motions are subject to service rules and the delay was not excusable.
Muwanga Daniel V Sun Huawen (Misc. Appn. No 114 of 2018) [2019] UGHC 6 (7 May 2019)
The court held that a notice of motion is a suit for purposes of service, and the service requirements under Order 5 of the Civil Procedure Rules apply. The applicant served the notice of motion nearly nine months after filing, far outside the prescribed 21-day period, and did not apply for an extension of time within the allowed period. The court found that the delay was inordinate and not excusable as a mere technicality under Article 126(2) of the Constitution. The applicant is bound by the actions of his advocate, who is his statutory agent. As a result, the application was fatally defect…
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