ECCMIS service is legally valid and binding. Once a hearing notice is validated and posted on ECCMIS, it constitutes effective service under Order 5, Rule 8, of the CPR, High Court at Kampala Rules.

Waboga David
Oct 6
2 min read

Facts

The Applicants, Nakiganda Deborah and Musaazi Joachim (suing through his attorney), filed an application seeking extension of time to file a reply to an amended written statement of defence and counterclaim. The matter was scheduled for hearing on 2nd October 2025 at 3:00 p.m. The hearing notice was posted and validated on ECCMIS, and both parties were tagged and notified accordingly. However, neither party appeared in court on the scheduled hearing date.

Issues

Whether the application could proceed in the absence of the parties, given that notice of hearing was served through ECCMIS.

Court’s Findings

Justice Nakiganda noted that the ECCMIS notification constituted effective service of the hearing notice. The Court relied on the precedent in Visare Uganda Limited v Festus Katerega t/a Quickway Auctioneers & 3 Others, Misc. Application No. 2855 of 2023 (per Stephen Mubiru, J.), where it was held that:

“Transmission of court process with a hyperlink to the electronic document constitutes service of the filed document within the meaning of Order 5 Rule 8 of the Civil Procedure Rules, and no other service is required.”

The judge emphasized that, unless there is proof of a system failure or glitch, service through ECCMIS is legally valid and effective, having the same legal effect as personal or physical service.

Since both parties were properly served but failed to attend, the Court invoked Order 9 Rule 17 of the Civil Procedure Rules (SI 71-1), which empowers the Court to dismiss a suit when neither party appears at the hearing.

Holding

The Court dismissed the application under Order 9 Rule 17 of the Civil Procedure Rules for non-appearance of the parties.

No order as to costs was made.

Key Takeaways

ECCMIS service is legally valid and binding. Once a hearing notice is validated and posted on ECCMIS, it constitutes effective service under Order 5 Rule 8 CPR, unless a proven technical failure is shown.
Non-appearance after valid service attracts dismissal. Courts will dismiss matters for non-appearance if parties fail to attend despite being properly served.

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