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Uganda Case Law

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Civil Procedure [2025] UGHC 270

Wetaka & Others v Namonye

Wetaka & Others v Namonye (Miscellaneous Application 212 of 2024) [2025] UGHC 270 (12 May 2025)

Court
High Court of Uganda
Case number
Miscellaneous Application 212 of 2024
Judge
Lubega, J

The court found that service of summons in Civil Suit No. 034 of 2024 was not effected on the applicants in person nor through a recognized agent as required by Order 5 Rule 10 and Order 3 Rule 2 of the Civil Procedure Rules. The process server left the summons with the chairperson LCI of Mbale Central Market, who did not qualify as a recognized agent empowered to accept service. The law mandates personal service or service through an authorized agent, and speculative assumptions about receipt of summons are insufficient. Since no application for extension of time to serve the summons was mad…

Source excerpt

  • Service Of Summons
  • Dismissal For Non Service
  • Recognized Agent
  • Affidavit In Rejoinder
  • Preliminary Objections
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Civil Procedure [2016] UGHCCD 15

MK Financiers Ltd Vs Shah & Co Ltd & 4 Ors

MK Financiers Ltd Vs Shah & Co Ltd & 4 Ors (Miscellaneous Application/appeal No. 343 of 2015) [2016] UGHCCD 15 (13 April 2016)

Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application/appeal No. 343 of 2015
Judge
Ogule Oumo, J

The court found that the affidavit in reply, sworn by Parikh Hetal, was incurably defective because it did not disclose authority to swear on behalf of all respondents, nor was any power of attorney attached as required by Order 3 Rules 1 and 2 of the Civil Procedure Rules. The court relied on established case law that such affidavits are incompetent and must be struck out. Further, since the other respondents did not file valid replies, the averments in the applicant's affidavit are deemed admitted. On the issue of representation, the court held that Mr. Ekirapa, being both a party and advoc…

Source excerpt

  • Affidavit Defects
  • Representation Of Parties
  • Recognized Agent
  • Conflict Of Interest
  • Professional Conduct Of Advocates
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.