Wakilii

Absa Bank (U) Ltd and Another v Bulamu Mixed Farm Products Ltd and Others (Miscellaneous Application No. 2494 of 2025)

High Court · [2026] UGCOMMC 91 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for consolidation of three related civil suits arising from alleged unauthorized bank account debits
Decision
Three civil suits consolidated for joint hearing and determination

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an application to consolidate three related civil suits brought by different account holders against Absa Bank and Bank of Uganda for alleged unauthorized debits. The court held that consolidation was appropriate where the suits involved the same parties, similar questions of law and fact concerning breach of banker-customer relationship and statutory duty, arose from similar transactions during the same period, and would rely on the same witnesses and audit reports.

Outcome

Three civil suits consolidated for joint hearing and determination

Facts

Three separate civil suits were filed against Absa Bank (U) Ltd and Bank of Uganda by Bulamu Mixed Farm Products Ltd, Alnet Top Notch Point Ltd, and Lubega Aloysious. Each plaintiff held an account with Absa Bank at its Hannington Road Branch. Around July 2019, each noticed irregular and unauthorized debits from their respective accounts during the period between 1 July 2018 and 1 July 2019. The debits totalled UGX 299,117,457 for the first plaintiff, UGX 298,963,516 for the second, and UGX 247,286,000 for the third. Each plaintiff obtained account statements and engaged an accountant who discovered the unauthorized debits. All three suits alleged breach of statutory duty, fiduciary duty, and banker-customer relationship, and claimed that Bank of Uganda failed to supervise Absa Bank. The audit reports were commissioned by Lubega Aloysious, who was also a director of the two corporate plaintiffs. The applicants sought consolidation of the three suits on grounds that they involved the same parties, similar facts, common legal issues, and would rely on the same witnesses.

Issues

  1. Whether the application satisfies the conditions for consolidation of Civil Suit No. 1724 of 2023, Civil Suit No. 1725 of 2023 and Civil Suit No. 1726 of 2023?
  2. What remedies are available to the parties?

Orders

  • Civil Suits No. 1724 of 2023, No. 1725 of 2023 and No. 1726 of 2023 are hereby consolidated.
  • Costs of this application shall be in the cause.

Rules and key headnotes

Civil Procedure — Consolidation of Suits — Conditions for Consolidation
Where two or more suits are pending in the same court involving the same or similar questions of law or fact, the court may order consolidation to avoid multiplicity of suits, prevent duplication of evidence and repetitive witness testimony, and avoid the risk of inconsistent findings on the same factual and legal issues.
Civil Procedure — Consolidation — Common Questions of Law and Fact
Consolidation is appropriate where suits raise similar questions of law such as whether a bank lawfully debited customer accounts, whether the bank breached its relationship with customers, whether the regulatory authority breached its supervisory duty, and where the reliefs sought stem from a similar series of transactions involving the same witnesses and evidence.
Civil Procedure — Affidavit in Rejoinder — Not Required by Law
An affidavit in rejoinder is not envisaged by the Civil Procedure Rules and is considered additional evidence that may be filed only if deemed necessary and with leave of court. Failure to file an affidavit in rejoinder does not constitute an admission of the contents of the affidavit in reply.
Civil Procedure — Consolidation — Timing and Stage of Proceedings
Where all suits are at the scheduling stage and consolidation will not cause hardship to the parties, it is appropriate to order consolidation to ensure expeditious and least expensive determination of the disputes and to avoid inconsistent judicial findings.

Legislation cited (7)

Cases cited (9)

  • Oriental Insurance Brokers Ltd v Transocean (U) Limited (Supreme Court Civil Appeal No. 55 of 1995)
  • Jubilee Insurance Co. Ltd and Another v United Bank of Africa Ltd and Others (Miscellaneous Application No. 467 of 2023)
  • Water and Environment Media Network (U) Ltd and 2 Others v National Environmental Management Authority and Another (Consolidated Miscellaneous Cause No. 239 and 255 of 2020)
  • Adler Construction Company Ltd v The Zenitaka Corporation and Another (Miscellaneous Cause No. 91 of 2025)
  • Stumberg and Another v Potgieter [1970] EA 323
  • Mohan Musisi Kiwanuka v Asha Chand (Supreme Court Civil Appeal No. 14 of 2002)
  • Yowana Akirod v Filipo Malinga [1992-93] HCB 91
  • Visare Uganda Ltd v Muwema & Co. Advocates and Solicitors (Miscellaneous Applications Nos. 826 and 827 of 2023)
  • Kabiito Karamagi and Another v Yan Jian Uganda Company Limited and Another (Miscellaneous Application No. 1274 of 2023)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Absa Bank (U) Ltd and Another v Bulamu Mixed Farm Products Ltd and Others (Miscellaneous Application No. 2494 of 2025) [2026] UGCommC 91 (19 March 2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.