Wakilii

Allen Isingoma V Alex Muhairwe & 2 Ors (Criminal Case No. 39 of 1992)

High Court · [1992] UGHC 2 · 1992 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection to originating summons relating to administration of deceased estate
Decision
Application dismissed for defective supporting affidavit rendering the originating summons incompetent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a supporting affidavit must distinguish between matters deponed to on information, belief, and knowledge of the deponent, must disclose the source of information, and must state grounds of belief. Failure to meet these requirements is a fundamental defect going to the essential root of the affidavit, rendering it incurably defective. Where an originating summons is unsupported by a valid affidavit setting forth the facts upon which relief is sought, it does not comply with O.34 r.7 CPR and is incompetent.

Outcome

Application dismissed for defective supporting affidavit rendering the originating summons incompetent

Facts

The plaintiff, a widow, brought an originating summons concerning the administration of her deceased husband's estate. The originating summons was supported by an affidavit sworn by the plaintiff. The defendant took a preliminary objection contending that the affidavit was defective because it failed to disclose the source of information for facts deponed to on information, failed to give grounds of belief for facts deponed to on belief, failed to distinguish between facts deponed to on information, belief, and knowledge, and contained inconsistencies. The court heard arguments on the preliminary objection.

Issues

  1. Whether the supporting affidavit was incurably defective for failure to disclose the source of information for facts deponed to on information.
  2. Whether the supporting affidavit was incurably defective for failure to give grounds of belief for facts deponed to on belief.
  3. Whether the supporting affidavit was incurably defective for failure to distinguish between facts deponed to on belief, information, and knowledge.
  4. Whether inconsistency in the affidavit rendered it incurably defective.
  5. Whether the originating summons was competent without a valid supporting affidavit.

Orders

  • Preliminary objection upheld.
  • Application dismissed with costs.

Rules and key headnotes

Affidavits — Requirements — Distinction Between Information, Belief, and Knowledge
An affidavit must distinguish between matters deponed to on information, belief, and the deponent's knowledge. Failure to make this distinction is a fundamental defect going to the essential root of the affidavit and renders it incurably defective.
Affidavits — Source of Information — Disclosure Requirement
Where facts in an affidavit are deponed to on information, the source of that information must be disclosed. Failure to disclose the source renders the affidavit incurably defective. This is not merely a matter of form but goes to the essential value of the affidavit.
Affidavits — Grounds of Belief — Requirement to State
Where facts in an affidavit are deponed to on belief of the deponent, the grounds of that belief must be given. Failure to state the grounds of belief renders the affidavit incurably defective.
Originating Summons — Competence — Supporting Affidavit Requirement
An originating summons under O.34 r.7 CPR must be accompanied by an affidavit setting forth concisely the facts upon which the right to relief is founded. Where the supporting affidavit is incurably defective, the originating summons is rendered incompetent and improperly before the court.

Legislation cited (2)

  • Civil Procedure Rules O.7 r.3
  • Civil Procedure Rules O.34 r.7

Cases cited (5)

  • Kabwinukya v Kasigwa (1978) HCB 252
  • Bitainana v Kananura (1977) HCB 34
  • Eseza Namirembe v Musa Kizito (1972) IULR 88
  • Premchard Raichard v Quarry Services Ltd (1969) EA 514
  • Standard Goods Corporation Ltd v Harakhchard Nahus & Co (1950) 17 EACA 9

Full judgment

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

Allen Isingoma V Alex Muhairwe & 2 Ors (Criminal Case No. 39 of 1992) [1992] UGHC 2 (18 March 1992)
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.