E.B. Nyakaana & Sons Ltd v Kobusingye & 16 Ors
E.B. Nyakaana & Sons Ltd v Kobusingye & 16 Ors (Miscellaneous Application 13 of 2017) [2017] UGSC 65 (29 May 2017)
The court held that service of the notice of motion and supporting documents on all necessary parties is a mandatory procedural requirement under Rule 47(1) of the Supreme Court Rules. The applicant failed to serve the 12th to 17th respondents and did not obtain leave of court to dispense with service. The court found that this failure constituted a violation of an essential procedural step, justifying the striking out of the 12th to 17th respondents from the application. The court exercised its powers under Rule 2(2) of the Judicature (Supreme Court) Rules to grant the respondents' prayer an…
Source excerpt
- Service Of Process
- Mandatory Procedural Requirements
- Non Service Consequences