THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT FORTPORTAL

MISC. APPLICATION NO...............OF 2022
(ARISING FROM OF CIVIL SUIT NO.041 OF 2022)

MABALE GROWERS TEA FACTORY LTD:::::::::::::::::::::::::::::APPLICANT/PLAINTIFF

VERSUS

1. MIAN AHMAD RAZA

2. A.R. AUTO LIMITED :::::::::::::::::::::::::::::::::::::::::RESPONDENT/DEFENDANTS

CHAMBER SUMMONS (EXPARTE)

(Under Order 5 Rules 18 and rule 32 of the Civil Procedure Rules SI 71-1)

LET ALL PARTIES attend this Honorable Court in Chambers on the................day

of .............., 2022 at ............o’clock in the fore/afternoon or soon thereafter as
Counsel for the Applicant may be heard on an application for Orders that:

(a) Leave be granted to extend time with in which to serve the Respondent

(b) Summons be validated vide Civil Suit No. 041 of 2022 and be served to
the Respondent by way of Substituted service in the Newspaper of wide
circulation.

(c) The costs of this application be provided for.

TAKE FURTHER NOTICE that this application is supported by the affidavit of

CONSTANT ODELE OPEDUN, which shall be read and relied upon at the
hearing but briefly the grounds are: -

(i) The applicant filed a civil suit No.041 of 2022 against the respondents
in 2022 which is still pending in this court.
 (ii) THAT all attempts to serve the Summons to file a defence to the
respondents in an ordinary way have been futile and they cannot be
served in the ordinary way.

(iii) The Applicant shall suffer grave prejudice and detriment on account of
delay and hardship if the application is not allowed.

(iv) That it is in the interest of justice that the Application be allowed.

Dated at Fort portal this………………………. of ………………………. 2022.

________________________________________
COUNSEL FOR THE APPLICANT.
Summons taken out by Counsel for the Applicant.

GIVEN under my hand and Seal of this Honourable Court this ………... day
of……………………… 2022.

______________________________________
ASSISTANT REGISTRAR

Drawn by;
Acellam Collins& co. Advocates,
Plot 6, Government Avenue,Booma,
P.O.Box 373, Fort Portal.
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT FORTPORTAL
MISC. APPLICATION NO...............OF 2022
(ARISING OUT OF CIVIL SUIT NO.041 OF 2022)

MABALE GROWERS TEA FACTORY LTD:::::::::::::::::::::::::::::APPLICANT/PLAINTIFF

VERSUS

1. MIAN AHMAD RAZA

2. A.R. AUTO LIMITED :::::::::::::::::::::::::::::::::::::::::RESPONDENT/DEFENDANTS

AFFIDAVIT IN SUPPORT OF CHAMBER SUMMONS

I, Odele Constant Opedun of c/o Acellam Collins & Co. Advocates, P.O. Box
373, Fort portal do solemnly make oath and swear as follows;

1. That I am a male adult Ugandan of sound and a duly registered process

server of the High Court of the Republic of Uganda and all courts
subordinate hereto.

2. That on the 6th day of July 2022, I received Summons to file a defence and
the plaint from the Applicant’s Advocate to be served upon the
Respondents whose address was already known to me. [A copy of the
Summons and a plaint is attached hereto and marked as A].

3. That on the 8th day of July 2022, at around 11:00am, I proceeded to the
offices of the 1st and 2nd Respondents, Mian Ahmad Raza and A.R. Auto
Limited, which is located at Jambo Auto Mart Ltd, Plot No. M506
Kyambogo, Kampala to serve the said Court Summons and the Plaint.
4. That upon arrival at Jambo Auto Mart Ltd where the Respondents’ office
is located, I found the gate man/ security personnel at the gate entrance
to whom I greeted and I inquired about the presence of the Respondents,
he told me that the Respondents left and no longer exist in their
 premises. That I also proceeded to confirm the same by myself by
checking on the premises they occupied and found out that their office
never existed anymore and premises had been occupied by a different
company. That I also proceeded to the office of Jambo Auto Mart Ltd in
search to confirm their existence and I found the General Manager,
Nadim Ahmed to whom I greeted and inquired about the Respondents.
He told me that he knows about the Respondents as being their former
tenants who also were dealing in business of selling motor vehicles. He
said that they defaulted in rent payment and ran away as many people
and companies are looking for them and the 1 st Respondent who is one of
the Directors of the 2nd Respondent ran and went back to Pakistan.

5. That through all due diligence, I have tried to find and effect service upon
the Respondents personally but have been unable to do so. ( A copy of
the affidavit of service is herewith attached and marked as Annexture B)
6. That the Respondents cannot be served in the ordinary way.

7. That it is in the interest of justice that the Respondents be served by way

of substituted service so that the Main suit can properly be disposed of
without causing any delay to the Applicant.

8. THAT I swear this affidavit in support of an application for an order for

substituted service of summons to file a defence on the Respondents.

9. That whatever is stated herein above is true and correct to the best of my
knowledge and belief save for that whose source is herein disclosed and I
verily believe to be true and correct.

SWORN at Fort portal this …………….day of …………………….2022 by the said Odele

Constant Opedun
 …………………………………….

DEPONENT

BEFORE ME

…………………………………

COMMISSIONER FOR OATHS.

Drawn & Filed by;

Acellam Collins&Co. Advocates,
Government Avenue, plot 6 Boma,
P.O.Box 373, Fortportal
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT FORTPORTAL
MISC. APPLICATION NO...............OF 2022
(ARISING OUT OF CIVIL SUIT NO.041 OF 2022)

MABALE GROWERS TEA FACTORY LTD:::::::::::::::::::::::::::::APPLICANT/PLAINTIFF

VERSUS

1. MIAN AHMAD RAZA

2. A.R. AUTO LIMITED :::::::::::::::::::::::::::::::::::::::::RESPONDENT/DEFENDANTS

SUMMARY OF EVIDENCE
The Applicant shall lead evidence to show that she instituted a civil suit No 041 of
2022 against the Respondents for breach of Agreement and the Summons to file a
defence were issued by court to the Applicant’s advocates to serve upon the
Respondents. The Applicant did all due diligence to serve the Respondents in
person but in vain. The Applicant shall thus pray that this Honourable Court be
pleased to allow this application for substituted service against the Respondent.
LIST OF WITNESSES
1. Constant Odele Opedun.
2. Any other with leave of Court.
LIST OF DOCUMENTS
1. Affidavit of service
2. Any other with leave of Court.
LIST OF AUTHOROTIES
1. The Constitution of the Republic of Uganda
2. The Judicature Act Cap 13
3. The Civil Procedure Act Cap 71
4. The Civil Procedure Rules SI 71-1
5. Contracts Act 2010
6. Evidence Act Cap 6
 7. Relevant case law
8. Any other with leave of Court.

Dated at Fort Portal this ……………. Day of ……………………………………………. 2022.

……………………………………………………………
COUNSEL FOR THE APPLICANT
Drawn and Filed by
Acellam Collins & Co. Advocates
Plot 6 Government Avenue, Booma,
P. O. Box 373
Fort Portal.
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT FORTPORTAL
MISC. APPLICATION NO. 84 OF 2022
(ARISING OUT OF CIVIL SUIT NO.041 OF 2022)

MABALE GROWERS TEA FACTORY LTD:::::::::::::::::::::::::::::APPLICANT/PLAINTIFF

VERSUS

1. MIAN AHMAD RAZA

2. A.R. AUTO LIMITED :::::::::::::::::::::::::::::::::::::::::RESPONDENT/DEFENDANTS

ORDER
THIS APPLICATION is coming up for final disposal this 23rd day of September 2022
before His Worship Matenga Francis Dawa in the presence of Mr. Kasigazi Francis
Counsel for the Applicant and in the absence of the Respondents.
IT IS HEREBY ORDERED THAT;
1. Leave to extend time within which to serve the Respondents is hereby granted.

2. Summons are hereby validated vide Civil Suit No. 041 of 2022 to be served upon
the Respondents by way of Substituted Service in the News Paper of wide
Circulation.

3. Costs shall be in the cause.

GIVEN under my hand and the seal of this court this ………………day of ………………2022

………………………………………………
MATENGA FRANCIS DAWA

ASSISTANT REGISTRAR

Extracted by;
Acellam Collins &Co. Advocates,
Government Avenue, plot 6 Boma,
P.O.Box 373, Fortportal
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT FORTPORTAL
MISC. APPLICATION NO...............OF 2022
(ARISING OUT OF CIVIL SUIT NO.041 OF 2022)

MABALE GROWERS TEA FACTORY LTD:::::::::::::::::::::::::::::APPLICANT/PLAINTIFF

VERSUS

1. MIAN AHMAD RAZA

2. A.R. AUTO LIMITED :::::::::::::::::::::::::::::::::::::::::RESPONDENT/DEFENDANTS

APPLICANT’S WRITTEN SUBMISSIONS

Your Worship, this is an application for extension of time within which to serve
the Respondents by way of Substituted Service brought by summons in chambers
under O. 5 r 1 & 18 of the Civil Procedure Rules.

The Application is supported by the affidavit of COSTANT ODELE OPEDUM, the

Process Server of Courts of Judicature.

The position of the law on an application for Substituted Service of Summons well
expounded in the case of Sam Akanwatsa versus United Bank of Africa M.A No.
1233 of 2017 Justice David Wangutusi, as he was then, observed that service of
Court process is clearly provided for in 0.5 of the Civil Procedure Rules. Where he
produced the relevant position thus;

1) Where a suit has been duly instituted a summons may be issued to the
defendant-
 a. Ordering him/her to file a defence within a time to be specified in the
summons.

b. Order him/her to appear and answer the claim or a day to be specified in

the Summons.

2) Service of summons issued under Sub rule (1) of this rule shall be effected
within twenty-one days from the date of issue; except that the time may be
extended on application to the court.

3) Where summons Have been issued under this rule, and-

a) Service has not been effected within twenty-one days from the date of
issue; and

b) There is no application for an extension of time under sub rule (2) of this
rule; or

c) The application for extension of time has been dismissed, the suit shall
be dismissed without notice.

Your Worship, in the instant Application filed the suit against the Respondents
and summons were issued on the same day to be served upon the Respondents
but we could not trace them at their premises in Kampala not until we decided to
use a person in Kampala.

Odele Costant Opedum in his affidavit in support of this Application paragraph 3

and 4, he states that on the 8th day of July 2022 at around 11:00 am, he
proceeded to serve the respondents at their offices located at Jambo Auto Mart
Ltd, Plot No. M506 Kyambogo, Kampala with Summons and the plaint but found
the security guard at the entrance whom he inquired about the presence of the
Respondents and he told him that the Respondents left and no longer exists at
the premises.

Your Worship, since the summons were issued the 21 days within which to serve
have expired, we therefore pray for extension of time within which to serve by
way of substituted service as the Respondents cannot be trace and served in the
ordinary way.

Your Worship, the Applicant has shown sufficient reason why leave should be
granted to extend time within which serve the Respondents with Summons by
way of substituted service.

Basing on the above we submit and invite this Honourable Court to find that this
Application has merit and fit to be granted as prayed.

DATED at Fort portal this…………………day of …………………. 2022.

……………………………………………………………
COUNSEL FOR THE APPLICANT

Drawn and Filed by;

Acellam Collins & Co., Advocates
Plot 6 government Road, Booma
P. O. Box 373,
Fort Portal