Wakilii

Ankunda Sharon and Nuwe Winnie v Akabazarwe Diana and Mutebi Sharfic (Miscellaneous Application 2328 of 2025)

High Court · [2026] UGCOMMC 293 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for unconditional leave to appear and defend a summary suit arising from Civil Suit No. 1070 of 2025
Decision
Applicants granted leave to appear and defend the summary suit; matter to proceed to full hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the applicants unconditional leave to appear and defend a summary suit for recovery of USD 50,000. The court held that the applicants raised bona fide triable issues of fact, specifically regarding the actual amount deposited (USD 40,000 versus the claimed USD 50,000) and alleged illegal entry causing USD 15,000 in damages. Under Order 36 Rule 3 of the Civil Procedure Rules, a defendant must show by affidavit that there is a bona fide triable issue to obtain leave to defend.

Outcome

Applicants granted leave to appear and defend the summary suit; matter to proceed to full hearing

Facts

The respondents filed a summary suit (Civil Suit No. 1070 of 2025) against the applicants seeking recovery of USD 50,000 alleged to be a partial payment of the full purchase price under an agreement between the parties. The applicants filed this application seeking unconditional leave to appear and defend the suit. The applicants contended that only USD 40,000 was deposited, not USD 50,000 as claimed by the respondents. The applicants further alleged that the respondents illegally entered the condominium unit and caused damage amounting to USD 15,000. The respondents were suing through their lawful attorney, Bazanye Isah Madibo.

Issues

  1. Whether the application raised triable issues?
  2. What remedies are available to the parties?

Orders

  • Application allowed.
  • The Applicants shall file their defence within 15 days of this order.
  • Costs shall be in the cause.

Rules and key headnotes

Civil Procedure — Summary Suits — Leave to Appear and Defend — Test for Granting Leave
In an application for leave to appear and defend a summary suit under Order 36 Rule 3 of the Civil Procedure Rules, the applicant must show by affidavit that there is a bona fide triable issue of fact or law. The applicant is not bound to show 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.
Evidence — Burden of Proof — General Principle
Whoever alleges a given fact and desires the court to give judgment on any legal right or liability dependent on the existence of facts which he or she asserts has the burden to prove those facts, unless it is provided by law that the proof of that fact shall lie on another person.

Legislation cited (9)

Cases cited (4)

Full judgment

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

Ankunda Sharon and Nuwe Winnie v Akabazarwe Diana and Mutebi Sharfic (Miscellaneous Application 2328 of 2025) [2026] UGCommC 293 (8 June 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.