Wakilii

Baguma v Nilita (Miscellaneous Application No. 799 of 2022)

High Court · [2022] UGHCLD 133 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out plaint for alleged defects in Power of Attorney
Decision
Application dismissed with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application to strike out the plaint. The applicant challenged the validity of the Power of Attorney on grounds that it was not registered with URSB and stamp duty unpaid. The respondent produced evidence showing the Power of Attorney was duly registered and stamp duty paid. The court held that a preliminary objection must raise a pure point of law and cannot be sustained where evidence is required.

Outcome

Application dismissed with costs to the respondent

Facts

The applicant brought an application to strike out the respondent's plaint in Civil Suit No. 81 of 2022, alleging the respondent was suing through an attorney under a Power of Attorney that was defective, illegal, and not registered with URSB. The applicant further alleged no stamp duty had been paid. The respondent's attorney filed an affidavit in reply deposing that the Power of Attorney dated 21 March 2021 was registered with URSB on 27 May 2021 and stamp duty paid. The respondent produced a certified copy of the registered Power of Attorney as evidence.

Issues

  1. Whether the plaint should be struck out for being premised on an allegedly defective, unregistered Power of Attorney.
  2. Whether a preliminary objection can be sustained where evidence is required to ascertain facts.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Preliminary Objections — Requirements — Pure Point of Law
A preliminary objection must raise a pure point of law argued on the assumption that all facts pleaded by the other side are correct; it cannot be raised if any fact has to be ascertained or where the exercise of judicial discretion is required.
Preliminary Objections — Evidence — Inadmissibility
A preliminary objection where evidence is required cannot dispose of a suit.
Pleadings — Departure from Pleadings
A party may not depart from their pleadings at trial and may not argue points not pleaded in their application or supportive affidavit.

Legislation cited (6)

Cases cited (2)

  • Mukisa Biscuit Manufacturing Company Limited v West End Distributors Limited (1969) E.A 696
  • Interfreight Forwarders Limited v E.A Development Bank (SCCA No. 3 of 1992)

Full judgment

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

Baguma_v_Nilita_(Miscellaneous_Application_No._799_of_2022)_[2022]_UGHCLD_133_(2_August_2022)
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.