Substituted application

THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE’S COURT OF NAKAWA AT NAKAWA
MISCELLANEOUS APPLICATION NO.________ OF 2012
[ARISING FROM CIVIL SUIT NO.213 OF 2012]

PRIME BANK LIMITED________________PLAINTIFF/APPLICANT

Versus
ANTHONY KASESE _________________ DEFENDANT/RESPONDENT

CHAMBER SUMMONS (EXPARTE)
(Under O.5 r1(2), O.5 r18, 19 & 32 and O.51 r6 CPR)

LET ALL PARTIES CONCERNED attend Court on the __________ day of ______________ 2012 at _________________ o’clock in the fore/afternoon or soon thereafter as Counsel for the Applicant can be heard on an application for Orders that:

The time within which to serve summons to file defence on the Respondent/ Defendant be extended.

Leave be granted to the Applicant to serve the extended summons unto the Respondent/Defendant by way of substituted service.

Costs of this application be provided for.

The grounds upon which the application is premised are set out in the affidavit of Richard Oyana and shall be read and relied upon at the hearing, but briefly are that:

The Respondent’s whereabouts are unknown.

That all efforts to serve the Respondent personally have been fruitless.

That the interests of justice dictate that this application be granted.

GIVEN under my hand and Seal of this Court this ______ day of ____________, 2012.

___________________
MAGISTRATE
Drawn & filed by:
Sebalu & Lule Advocates
EADB Building, Plot 4 Nile Avenue
P.O. Box 2255, Kampala

AKM/bc

THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE’S COURT OF NAKAWA AT NAKAWA
MISCELLANEOUS APPLICATION NO.________ OF 2012
[ARISING FROM CIVIL SUIT NO.213 OF 2012]

PRIME BANK LIMITED________________PLAINTIFF/APPLICANT

Versus
ANTHONY KASESE _________________ DEFENDANT/RESPONDENT

AFFIDAVIT IN SUPPORT

I, OYANA RICHARD of M/s Sebalu & Lule Advocates, P.O. Box 2255, Kampala do make oath and state as follows:-

That I am an adult male Ugandan of sound mind and an authorized process server of this Honourable Court and make oath in that capacity.

That on the 16th day of April, 2012, I received Summons in Summary Suit from this Honourable Court to serve upon the Defendant herein Anthony Kasese.

That on the 18th day of April, 2012, I proceeded to Security Group Uganda Limited offices, Nakasero, Kampala, to effect service of the summons unto the Defendant.

That on reaching the said address, I inquired from the Reception whether I could access Mr. Kasese Anthony to serve him the Plaint and Summons.

That the officers at the reception told me that Mr. Anthony Kasese was no longer working with the Company since he had left the Company along time ago.

That I inquired from the said Security personnel at the reception to direct me to the Defendant’s new address, however they said they did not know his whereabouts and neither did any of them know his home or new workplace.

That I perused through the Defendant’s loan facility letter from the Plaintiff Bank and got a mobile cell phone contact/number (0772349402) through which I communicated and advised the Defendant on my intentions to serve him with the Plaint and Summons in Summary Suit.

That the Defendant told me that he was very far from Kampala and that I serve the summons on Security Group Uganda Ltd.

That I asked the Defendant to advise me whether I could serve the summons on his Advocate or any person attached to him authorized by law, however he insisted he did not have anybody to receive the documents for him.

That I requested the Defendant to let me know of the date of his return, however he told me he was not sure of the same.

That all efforts initiated to find the Defendant to serve the summons unto him have been fruitless.

That the summons in summary suit is now expired before I could serve the Defendant, necessitating service of the same on the Defendant by way of substituted service by advertising the same in a newspaper of wide circulation. See Plaint and expired summons attached hereto and marked “A” and “B” respectively.

That I swear this Affidavit in support of the Applicant’s application for substituted service of the summons in summary suit.

That whatever is stated hereinabove is true and correct to the best of my knowledge and belief.

Sworn at Kampala by the said
OYANA RICHARD this ___________________
day of ______________ 2012    DEPONENT

BEFORE ME,

__________________________
COMMISSIONER FOR OATH

Drawn &filed by:
Sebalu & Lule Advocates
Plot 4 Nile Avenue, EADB Building
P.O. Box 2255, Kampala
RO/bc

THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE’S COURT OF NAKAWA AT NAKAWA
MISCELLANEOUS APPLICATION NO.________ OF 2012
[ARISING FROM CIVIL SUIT NO.213 OF 2012]

PRIME BANK LIMITED________________PLAINTIFF/APPLICANT

Versus
ANTHONY KASESE _________________ DEFENDANT/RESPONDENT

SUMMARY OF EVIDENCE

As per the affidavit in support.

LIST OF AUTHORITIES

The Civil Procedure Rules
Others with leave of Court.

LIST OF DOCUMENTS

The expired summons.
Others with leave of Court.

Dated at Kampala this _____________ day of ____________________ 2012.

_________________________
COUNSEL FOR APPLICANT

Drawn & filed by:
Sebalu & Lule Advocates
EADB Building, Plot 4 Nile Avenue
P.O. Box 2255
Kampala

AKM/bc