The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | URN | High Court Judge Joyce Kavuma has granted an application in which National Unity Platform former candidate for Kawempe South, Fred Nyanzi, had sought to serve an electoral petition to NRM’s Madina Ntale Nsereko through the media. In an application for substituted service, Nyanzi said he had failed to personally serve Nsereko, who on January 17 was declared the winner of the Kawempe South parliamentary seat.
In his application, Nyanzi stated that his lawyers, after filing the petition, made all efforts to serve it on Nsereko, including going to her home, office, and also sending the petition to her known WhatsApp number. However, all efforts were fruitless as they were unable to serve the petition on her, hence necessitating substituted service. In her ruling, Justice Kavuma acknowledged that respondents in electoral petitions are wont to evade service.
“From the above affidavit evidence, the applicant has demonstrated that the process server went to the respondent’s residence and workplace to serve her with Court process. There are copies of photographs showing the process server at the aforementioned places. This shows the applicant made efforts to effect personal service without success.”
The Court found that due and reasonable steps of effecting service were taken in the instant matter, and the applicant was vigilant in presenting this application in time. “It should be noted that there has been a challenge of service of court documents, especially in Election Petitions, as the parties against whom a petition is brought evade service.”
The judge ruled that the rules permit the Court to exercise its discretion and order for service by other means to ensure substantive justice. Accordingly, the judge ordered that Nyanzi serve Nsereko the petition by publishing it in the New Vision and Daily Monitor newspapers within seven days. She also ordered that a copy of the notice be pinned at the Notice Board of the High Court Civil Division and that Nsereko should pick a copy of the petition at the High Court Civil Division Registry.
