Aya Investments (U) Ltd v M/s Kibeedi & Co. Advocates (Misc. Appl. No. 491 of 2008)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court granted the respondent's prayer for cross-examination of the applicant's deponent Mohammed Mohammed Hamid, given his reliance on disputed documents. Court ordered production of the voucher books. Court declined to summon the respondent's own handwriting expert for cross-examination by the respondent, but noted the applicant's right to seek cross-examination later. Costs to abide the outcome of the main application.

Outcome

Preliminary prayers partly granted; deponent summoned for cross-examination; voucher books to be produced; matter adjourned to 17-11-2008 for cross-examination

Facts

An Advocate-Client bill of costs in HCMA No. 112 of 2008 was taxed and allowed ex-parte by the Registrar on 20-5-2008 at USD 2,448,500. The decree obtained gave rise to garnishee proceedings and a warrant of attachment against the applicant's land. The applicant sought leave to appeal out of time against the Taxing Officer's decision, alleging the decree was irregularly obtained. In the course of reviewing the applicant's Notice of Motion, the respondent identified documents whose authenticity it disputed, specifically cash/cheque payment vouchers dated 5-11-2007 and 7-11-2007. A handwriting expert engaged by the respondent opined that a signature attributed to Muzamiru Kibeedi was not authentic. The respondent then prayed for cross-examination of the applicant's deponent Mohammed Mohammed Hamid and the handwriting expert, and for production of the voucher books.

Issues

1. Whether Mohammed Mohammed Hamid should be summoned for cross-examination on his affidavit.
2. Whether the handwriting expert Mutashwera Ntarirwa should be summoned for cross-examination.
3. Whether the voucher books should be produced for examination.

Orders

• Mohammed Mohammed Hamid shall be summoned for cross-examination on his affidavit and its attachments on 17-11-2008 at 2.30pm.
• The applicant shall produce the voucher book in which the two impugned cash/cheque payment vouchers were extracted plus the voucher books used immediately after the impugned one.
• The handwriting expert Mr. Ntarirwa shall be summoned for cross-examination by the applicants on 17/11/08.
• Esther Semakula shall appear for cross-examination on 17/11/08.
• Costs herein shall abide the outcome of the main application.

Cases cited (1)

• Saunders v Edwards [1987] 2 All ER 651

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