Wakilii

Attorney General v Swatt Security Limited (Miscellaneous Application No. 17 of 2025)

High Court · [2025] UGCOMMC 224 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appear and defend a summary suit arising from Civil Suit No. 1392 of 2024
Decision
Applicant granted unconditional leave to appear and defend the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the Attorney General unconditional leave to appear and defend a summary suit brought by Swatt Security Limited. The Court held that triable issues of law and fact existed, including whether the Respondent had a cause of action against the Attorney General given that the underlying contract was between the Respondent and National Housing and Construction Company Ltd, and whether summary procedure could be used against Government under Rule 17(2) of the Government Proceedings (Civil Procedure) Rules.

Outcome

Applicant granted unconditional leave to appear and defend the main suit

Facts

Swatt Security Limited instituted Civil Suit No. 1392 of 2024 against the Attorney General and National Housing and Construction Company Ltd seeking to recover UGX 146,525,779.10 being outstanding payment for guarding services under a contract dated 13 November 2020. The suit was brought under summary procedure. The contract was executed between Swatt Security Limited and National Housing and Construction Company Ltd. The Attorney General applied for leave to appear and defend, arguing that summary suits cannot be instituted against Government under Rule 17(2) of the Government Proceedings (Civil Procedure) Rules, that the Respondent had no cause of action against the Attorney General since the contract was with National Housing and Construction Company Ltd (a separate legal entity), and that general damages cannot be claimed through summary procedure. The Respondent opposed, contending that Government holds half the shares in National Housing and Construction Company Ltd and therefore the Attorney General could be sued.

Issues

  1. Whether the Applicant has raised sufficient grounds to warrant the grant of leave to appear and defend High Court Civil Suit No. 1392 of 2024?
  2. What remedies are available to the parties?

Orders

  • The Applicant is hereby granted unconditional leave to appear and defend High Court Civil Suit No. 1392 of 2024.
  • The Applicant is ordered to file and serve its Written Statement of Defence within fifteen (15) days from the date of this Ruling.
  • Costs of this application shall be in the cause.

Rules and key headnotes

Civil Procedure — Summary Procedure — Leave to Appear and Defend — Test for Grant of Leave
For leave to appear and defend a summary suit to be granted under Order 36 rule 3 of the Civil Procedure Rules, the applicant must show by affidavit or otherwise that there is a bona fide triable issue of fact or law. 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. The defence should not be needlessly bald, vague, or sketchy, and where a good defence is raised, the plaintiff is barred from obtaining summary judgment.
Civil Procedure — Summary Procedure — Applicability Against Government — Government Proceedings Rules
Whether summary procedure under Order 36 of the Civil Procedure Rules can be used against Government in light of Rule 17(2) of the Government Proceedings (Civil Procedure) Rules, which provides that Order 36 shall not apply to civil proceedings against Government, is a triable issue of law that warrants the grant of leave to appear and defend.
Contract Law — Privity of Contract — Liability of Non-Party to Contract
Where a contract is executed between a plaintiff and a separate legal entity with capacity to sue and be sued, whether a non-party to that contract (such as the Attorney General) can be held liable for obligations arising under the contract raises a triable issue of law and fact regarding the existence of a cause of action against the non-party, warranting leave to defend.
Civil Procedure — Summary Procedure — Scope of Application — Liquidated Claims
Summary procedure is only resorted to in clear and straightforward cases where the demand is liquidated and there are no issues for determination by the Court except for the grant of the claim.

Legislation cited (8)

Cases cited (7)

  • Oriental Insurance Brokers Limited v Transocean (U) Limited (Supreme Court Civil Appeal No. 55 of 1995)
  • Post Bank (U) Ltd v Abdu Ssozi (Supreme Court Civil Appeal No. 08 of 2015)
  • Maluku Interglobal Trade Agency Ltd v Bank of Uganda [1985] HCB 65
  • Jamil Ssenyonjo v Jonathan Bunjo (Civil Suit No. 180 of 2012)
  • Souza Figuerido & Co. Ltd v Moorings Hotel Co. Ltd [1959] EA 425
  • Twentsche Overseas Trading Co. Ltd v Bombay Garage [1958] EA 741
  • Churanjilal & Co. v A.H Adam (1950) 17 EACA 92

Full judgment

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

Attorney General v Swatt Security Limited (Miscellaneous Application No. 17 of 2025) [2025] UGCommC 224 (29 July 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.