Court name
Commercial Court of Uganda
Judgment date
10 June 2009

Abudlrahmna Omar t/a Bahan Commercial Agencies v Content Tobacco (U) Ltd & Anor (Miscellaneous Application-2009/298) [2009] UGCommC 40 (10 June 2009);

Cite this case
[2009] UGCommC 40


THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA

COMMERCIAL COURT DIVISION
MISC. APPLICATION NO 298 OF 2009

 

ABUDLRAHMAN OMAR
T/A BAHAN COMMERCIAL AGENCIES ……………… PLAINTIFF/APPLICANT

 


VERSUS

CONTENT TOBACCO (U) LTD
MASTERMIND TOBACCO (K) LTD ………………DEFENDANT/RESPONDENT

 

This is an application for Summons to file a defence in a foreign country to issue. The affidavit in support sworn by the Applicant shows that the 2nd Respondent, a limited liability company operates in Nairobi, and Mombasa Kenya. Kenya is a Commonwealth Country and the Applicant has deponed that service cannot be effected normally in Uganda. I have considered the affidavit in support of the application and the provisions of Order 5 rules 22 and 26 CPR for requirements for the under issue. I find that the Applicant has satisfied the requirements for summons to file a defence to issue outside jurisdiction. It is accordingly hereby ordered that summons to file a defence be issued against M/s Mastermind Tobacco (K) Ltd, the second defendant in Civil Suit No. 192 of 2009 to be served on it in Kenya. Costs shall be in the cause of the main suit.
 



Hon Mr. Justice Lameck N. Mukasa
Judge
11th June 2009