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Allan David Onapa and Another v Ian Odong Twodo (Miscellaneous Application No. 71 of 2025)

High Court · [2025] UGCOMMC 458 · 2025 Application Partly Allowed — Conditional Leave Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for unconditional leave to appear and defend summary suit arising from Civil Suit No. 1453 of 2024
Decision
Conditional leave to defend granted subject to deposit of UGX 25,000,000 within 30 days

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Holding

The court granted conditional leave to appear and defend a summary suit where applicants alleged forgery of a Memorandum of Understanding but failed to deny WhatsApp correspondence with the respondent. The court found doubt as to whether the defence was made in good faith and ordered deposit of UGX 25,000,000 as a condition for leave to defend.

Outcome

Conditional leave to defend granted subject to deposit of UGX 25,000,000 within 30 days

Facts

The respondent filed a summary suit (Civil Suit No. 1453 of 2024) against the applicants for recovery of UGX 100,000,000 allegedly arising from a loan advanced to the 1st applicant and guaranteed by the 2nd applicant. The respondent relied on a Memorandum of Understanding dated 23rd August 2024. The applicants denied executing the MOU, alleged it was forged, and denied any indebtedness. The respondent produced evidence of WhatsApp correspondence with the 1st applicant showing discussions about the loan, requests for the MOU, arrangements for signing at Theta, and messages about payment. The respondent stated the 1st applicant signed the MOU and handed over his national ID and signed cheques as collateral. The applicants did not deny the WhatsApp correspondence but claimed it was taken out of context.

Issues

  1. Whether the applicants ought to be granted unconditional leave to appear and defend Civil Suit No. 1453 of 2024.

Orders

  • The applicants are granted conditional leave to appear and defend Civil Suit No. 1453 of 2024.
  • The applicants shall deposit UGX 25,000,000 in court within thirty (30) days of this order.
  • The applicants are to file their defence within ten (10) days from making that deposit.
  • The respondent shall file a reply to the written statement of defense within 5 days of the defense.
  • The parties are to file their pre trial documents within 15 days of filing the reply to the defense.
  • The parties are to appear for the scheduling conference on 19th March 2026 at 11am.
  • The costs of this application are in the cause in case a defence is filed, but upon default they will be borne by the applicants.
  • The respondent will be entitled to judgment in default upon the applicants' failure to meet the condition attached to the leave granted to them to file a defence.

Rules and key headnotes

Civil Procedure — Summary Suits — Leave to Defend — Test for Grant of Unconditional Leave
Unconditional leave to appear and defend a summary suit will be granted where the applicant shows a good defence on the merits, or that a difficult point of law is involved, or that there is a dispute which ought to be tried, or a real dispute as to the amount claimed, or any other circumstances showing reasonable grounds of a bona fide defence.
Civil Procedure — Summary Suits — Leave to Defend — Triable Issue Defined
A triable issue is one capable of being resolved through a legal trial and arises when a material proposition of law or fact is affirmed by one party and denied by the other. Leave to appear and defend must be given only if the court is satisfied that there is a fair dispute to be adjudicated.
Civil Procedure — Summary Suits — Leave to Defend — Mere Denials Insufficient
Mere denials of the plaintiff's claim are insufficient to warrant leave to defend. The defendant must clearly disclose the nature and extent of the defence in clear language. The defence raised should not be frivolous but should be such as, if proved, would constitute a valid answer to the claim.
Civil Procedure — Summary Suits — Conditional Leave to Defend — When Granted
Where the court is in doubt whether the proposed defence is being made in good faith, the court may grant conditional leave by ordering the defendant to deposit money in court before leave is granted. Pursuant to Order 36 rule 8 of the Civil Procedure Rules, leave to appear and defend may be given unconditionally or subject to such terms as to payment of monies into court, giving security, or time or mode of trial as the court may think fit.

Legislation cited (9)

Cases cited (7)

  • Maluku Interglobal Trade Agency v Bank of Uganda [1985] HCB 65
  • Board of Governors Nebbi Town S.S.S v Jaker Food Stores Limited (Miscellaneous Civil Application No. 62 of 2016)
  • Visare Uganda Limited v Muwema and Co. Advocates and Solicitors (Miscellaneous Application Nos. 826 and 827 of 2023)
  • Kinyanjui and Another v Thande and Another [1995-1998] 2 EA 159
  • Continental Butchery Ltd v Nthiwa (Civil Appeal No. 35 of 1977)
  • Provincial Insurance Co. of East Africa Ltd v Kivuti [1995-1998] 1 EA 283
  • Children of Africa v Sarick Construction Ltd (Miscellaneous Application No. 134 of 2016)

Full judgment

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

Allan David Onapa and Another v Ian Odong Twodo (Miscellaneous Application No. 71 of 2025) [2025] UGCommC 458 (29 December 2025)
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.