Wakilii

Among v Ndagiro (Miscellaneous Application No. 972 of 2013)

High Court · [2015] UGCOMMC 193 · 2015 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for unconditional leave to appear and defend arising from a summary suit for recovery of money
Decision
Applicant granted unconditional leave to appear and defend the summary suit; matter to proceed to full trial

Observed later treatment

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Holding

Held that a dispute as to the amount of money received by the applicant constitutes a triable issue of fact. Where the applicant admits receipt of only UGX 15,000,000 but the respondent claims payment of UGX 120,000,000, the factual dispute requires full trial. Unconditional leave to appear and defend granted where defendant demonstrates a bonafide dispute on facts or law.

Outcome

Applicant granted unconditional leave to appear and defend the summary suit; matter to proceed to full trial

Facts

The respondent filed a summary suit claiming UGX 120,000,000 jointly and severally from the applicant and four others for money paid to secure land at Namanve with a deed print. The applicant denied the debt, stating that the parties agreed on a contract price of UGX 120,000,000 for surveying and acquiring the deed print, the respondent paid only UGX 15,000,000 as a deposit, and defaulted on the balance of UGX 105,000,000. The applicant claimed to have refunded UGX 10,000,000 by cheque. The respondent countered that he paid the full UGX 120,000,000, including UGX 105,000,000 handed personally to the applicant at DFCU Bank. The respondent obtained the money through a bank overdraft and later settled a related suit with the bank. The applicant applied for unconditional leave to appear and defend, arguing triable issues existed and that the claim was not a liquidated demand suitable for summary procedure.

Issues

  1. Whether the supplementary affidavit filed by the respondent without leave of court should be struck out.
  2. Whether the applicant has raised triable issues of fact or law sufficient to warrant the grant of unconditional leave to appear and defend the summary suit.
  3. Whether the claim is for a liquidated demand suitable for determination by summary procedure under Order 36 of the Civil Procedure Rules.

Orders

  • Preliminary objection to the supplementary affidavit overruled.
  • Application granted.
  • Applicant granted unconditional leave to appear and defend Civil Suit No. 614 of 2013.
  • Applicant to file written statement of defence within ten days from the date of the ruling.
  • Costs to be in the cause.

Rules and key headnotes

Civil Procedure — Summary Suits — Leave to Appear and Defend — Threshold for Grant
A defendant seeking leave to appear and defend a summary suit must show by affidavit or otherwise that there is a bonafide triable issue of fact or law. The defendant is not required to demonstrate a good defence on the merits but must satisfy the court that there is an issue or question in dispute which ought to be tried.
Civil Procedure — Summary Suits — Supplementary Affidavits — Leave of Court Required
The practice of the court is for parties to file affidavits in rejoinder to affidavits in reply. Filing further affidavits ordinarily requires leave of court. However, where the error in filing a supplementary affidavit without leave does not go to the root of the application and does not affect the competence of the suit, the affidavit may be allowed in the interests of substantive justice.
Civil Procedure — Summary Suits — Liquidated Demands — Definition and Application
A liquidated amount is a figure readily computed based on an agreement's terms. Where parties have agreed on a sum for the sale of land, the claim for that agreed sum constitutes a liquidated demand suitable for determination under Order 36 of the Civil Procedure Rules.
Civil Procedure — Summary Suits — Factual Disputes — Effect on Grant of Leave
Where the defendant admits receipt of only part of the sum claimed and the plaintiff insists on payment of the full amount, a dispute as to the facts in issue exists. Such a factual dispute constitutes a triable issue warranting the grant of leave to appear and defend.

Legislation cited (10)

Cases cited (7)

  • Southern Investments Ltd v Mukabura Investments Ltd (HCMA No. 105 of 2004)
  • Broadband Company Ltd v Joram Mugume (HCMA No. 363 of 2013)
  • Bibagamba v Mungereza (HCMA No. 103 of 2012)
  • Sterling Travel and Tour Services Ltd v Millennium Travel Tours Services Ltd (HCMA No. 116 of 2013)
  • [1985] HCB 65
  • Rwabuganda Godfrey v Bitamisi Namuddu (CACA No. 23 of 2009)
  • [2002] 1 EA 112

Full judgment

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

Among v Ndagiro (Miscellaneous Application No. 972 of 2013) [2015] UGCommC 193 (23 November 2015)
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.