{UAH} Disregarding of an order of the court is a matter of sufficient gravity, whatever the order may be
|
5:39 AM |
No comments |
In the Locus Classicaus case of GEOFFREY GATETE & ANGELLA MARIA NAKIGONYA VS. WILLIAM KYOBE SCCA NO. 7 OF 2005 it was noted that: '… the word "effective (service)" means (service of) "having the desired effect; producing the intended result".' Thus the intended result is always achieved, once the defendant is aware / informed of the purpose of the Order. And once he is aware, that is sufficient.
There can be no doubt that the desired and intended result of serving the court order on the defendant's agent (Frank Tumwebaze) in the Lukwago Misc Appl was to make the defendant aware of the Orders granted against it / him so that he /it has the opportunity to adhere to the order of the court. The surest mode of achieving that result is serving the defendant in person through its presiding chair (The Minister of kampala- Frank Tumwebaze).
Once a party knows of a Court Order, whether null or valid, regular or irregular, he cannot be permitted to disobey it. – Stanbic Bank (U) Ltd and Another vs The Commissioner General URA, Misc. Appl. No. 0042/2010.
'Disregarding of an order of the court is a matter of sufficient gravity, whatever the order may be' Also see Amrit Goyal v Harichand Goyal & 3 Others, C A Civil Application No. 109/2004.
--
H.OGWAPITI
-----------------------------------------------------
"To announce that there must be no criticism of the president, or that we are to stand by the president right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public."
---Theodore Roosevelt
There can be no doubt that the desired and intended result of serving the court order on the defendant's agent (Frank Tumwebaze) in the Lukwago Misc Appl was to make the defendant aware of the Orders granted against it / him so that he /it has the opportunity to adhere to the order of the court. The surest mode of achieving that result is serving the defendant in person through its presiding chair (The Minister of kampala- Frank Tumwebaze).
Once a party knows of a Court Order, whether null or valid, regular or irregular, he cannot be permitted to disobey it. – Stanbic Bank (U) Ltd and Another vs The Commissioner General URA, Misc. Appl. No. 0042/2010.
'Disregarding of an order of the court is a matter of sufficient gravity, whatever the order may be' Also see Amrit Goyal v Harichand Goyal & 3 Others, C A Civil Application No. 109/2004.
--
H.OGWAPITI
-----------------------------------------------------
"To announce that there must be no criticism of the president, or that we are to stand by the president right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public."
---Theodore Roosevelt
0 comments:
Post a Comment