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Uganda decisions
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Lukoma Kwegatta Ranching Company Ltd v Kamuhanda Joseph and Others (Miscellaneous Application No. 87 of 2023) [2025] UGHC 190 (18 April 2025)
The High Court struck out an application for stay of execution because notice of motion was not effectively served on the respondents within the required time.
Don Dino Institute for Orphan Care Limited v Adeti & 4 Others (Miscellaneous Application 13 of 2024) [2024] UGHC 804 (29 August 2024)
The court found that the applicant failed to serve the application within the mandatory 21-day period as required by Order 5 Rule 1(2) of the Civil Procedure Rules. No affidavit of service was filed, and the applicant did not provide any explanation or seek an extension of time for late service. The respondents' assertion that service was effected after 35 days was not rebutted. The court held that service outside the prescribed period without leave renders the application incompetent and of no legal effect. Consequently, the preliminary objection was upheld, and the application was dismissed…
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Leather Industries of Uganda Limited & 2 Others v Messrs Nassiwa & Co. Advocates (Miscellaneous Cause 28 of 2021) [2024] UGHC 619 (3 July 2024)
The application was dismissed because the Applicants failed to serve the Notice of Motion on the Respondents within the 21-day period prescribed by Order 5 of the Civil Procedure Rules. The evidence on record showed that the application was endorsed on 5th November 2021, and service was effected out of time without any application for extension within the required 15 days. The substituted service order was made after the time for extension had expired and was therefore void. The court held that the rules regarding service are mandatory, and failure to comply results in automatic dismissal of…
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Orishaba v Ngobi (Miscellaneous Application 49 of 2023) [2024] UGHC 621 (29 May 2024)
The High Court at Jinja dismissed a review application after finding it was served outside the 21-day period required by Order 5 of the Civil Procedure Rules.
The Registered Trustees of the Jinja Muslim Club v Uganda Moslem Supreme Council & Others (Civil Appeal 68 of 2023) [2024] UGHC 79 (1 March 2024)
The court held that Order 5 rule 1(2) of the Civil Procedure Rules is mandatory and applies to appeals brought by Notice of Motion. The Appellant failed to serve the appeal within the prescribed twenty-one days and did not seek an extension of time as required by law. The court found no compelling reason for the delay or for exercising discretion to overlook the procedural default. Article 126(2)(e) of the Constitution does not operate as a blanket cure for non-compliance with mandatory procedural rules, especially where the party in default has not demonstrated sufficient cause. As a result,…
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Sewanyana v Wakiso District Council (Labour Dispute Reference 23 of 2017) [2023] UGIC 98 (16 June 2023)
The Industrial Court overruled a preliminary objection that the claim was served out of time, finding the relevant notice was served within 21 days of issue.
Uganda Telecom Limited v Abkhzam Ali Salim Hamdy (Labour Dispute Miscellaneous Application 168 of 2021) [2022] UGIC 76 (18 March 2022)
The Industrial Court dismissed an application for stay of execution, holding the applicant had no right of further appeal from a labour officer matter under section 94 of the Employment Act.
Elgon Terrace Hotel Limited v Nyinakiza (Labour Dispute Miscellaneous Application 175 of 2019) [2019] UGIC 226 (21 November 2019)
The Industrial Court of Uganda denied a stay of execution pending appeal after finding the notice of appeal was served out of time and no request for proceedings was proved.
Elgon Terrace Hotel Limited v Nyinakiza (Miscellaneous Application No. 175 of 2019) [2019] UGIC 40 (21 November 2019)
The Industrial Court of Uganda refused a stay of execution pending appeal after finding the notice of appeal was served out of time and no basis for nugatory relief was shown.
Kwesiga v Iganga Municipal Council & Anor (MISC CAUSE No.003 OF 2016) [2019] UGHCCD 79 (6 March 2019)
The High Court struck out a judicial review motion for late and improper service, holding that expired process cannot be validly served and dismissal was warranted.
