Fort Portal Court Dismisses Land Case After WhatsApp Service Is Questioned Court

Fort Portal Court Dismisses Land Case After WhatsApp Service Is Questioned Court

dantty.com

The High Court in Fort Portal has dismissed a case filed by Rwenzori Commodities Limited against the outgoing Minister of State for Lands, Sam Mayanja, after finding that the minister was not properly served with court documents through WhatsApp.

In a ruling delivered on May 20, Justice Vincent Wagona said the company failed to prove that Minister Mayanja actually received the documents sent electronically. The company had dragged the minister to court, accusing him of illegally stopping the eviction of people from disputed land at Plot 3 Block 127, measuring 141 acres in Fort Portal.

Rwenzori Commodities wanted the court to cancel a directive reportedly issued by Minister Mayanja on March 4 halting the eviction.

The company argued that there were already valid court orders allowing the eviction and accused the minister of interfering with court decisions and land ownership rights. However, before hearing the main complaints, the judge first looked at whether the minister had properly been notified about the case.

The court heard that the applicant used electronic services, including WhatsApp, to send documents to the minister.

Justice Wagona explained that under the new Judicature Rules 2025 (Electronic Filing, Service and Virtual Proceedings), parties are allowed to serve court documents using electronic platforms like WhatsApp and email. But the judge said the law also requires clear proof showing that the message reached the person being served.

According to the ruling, the company failed to present enough evidence to confirm that the minister received the documents on WhatsApp.

The judge said electronic service alone is not enough unless there is proof of delivery or evidence showing the person became aware of the case. He added that without proper service, the court cannot continue to hear the matter because every person must first be given a fair chance to respond. Justice Wagona then dismissed the main application together with two other applications for temporary and interim injunctions

Dantty online Shop
0 Comments
Leave a Comment
Sponsored