Wakilii

Bugembe Edward v Nkalubo Aaron (Miscellaneous Application 48 of 2026)

High Court · [2026] UGHC 741 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for mandatory injunction arising from civil suit, dismissed on preliminary objection
Decision
Application dismissed on preliminary objection; supporting affidavit struck off as invalid

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a lawyer signs an affidavit on behalf of a deponent without the deponent being physically present before the Commissioner for Oaths, the affidavit is invalid and must be struck off. An application cannot stand without a valid supporting affidavit. The application for mandatory injunction was dismissed with costs to the respondent.

Outcome

Application dismissed on preliminary objection; supporting affidavit struck off as invalid

Facts

The applicant sought a mandatory injunction to compel the respondent to restore suit land (Kibanja on Busiro Block 383 Plot 20295) to its status quo, alleging the respondent had violated a temporary injunction by constructing a perimeter wall, grading land, and destroying graveyards. The respondent opposed, claiming he had been in possession since 1996 through inheritance and that construction predated the injunction. During cross-examination, the applicant admitted he did not sign the supporting affidavit, affidavit in rejoinder, or supplementary affidavit — his lawyer signed them on his behalf. The respondent raised a preliminary objection that the affidavits were incurably defective for not being properly sworn.

Issues

  1. Whether the supporting affidavits were properly sworn and commissioned in accordance with the law.
  2. Whether the application for mandatory injunction could stand in the absence of a valid supporting affidavit.

Orders

  • Supporting affidavit struck off the record.
  • Preliminary objection upheld.
  • Application dismissed.
  • Costs awarded to the Respondent.

Rules and key headnotes

Evidence — Affidavit Evidence — Requirement for Personal Appearance and Signature
A deponent must personally appear before a Commissioner for Oaths, take the oath, and sign the affidavit in the Commissioner's presence. An affidavit signed by a lawyer on behalf of a deponent without the deponent being physically present violates the requirements of the Oaths Act and Civil Procedure Rules and is invalid.
Civil Procedure — Applications — Effect of Invalid Supporting Affidavit
Where a supporting affidavit is found to be invalid and struck off the record, the Notice of Motion cannot stand independently without such support and the application must be dismissed.
Evidence — Affidavit Evidence — Jurat and Attestation Requirements
A Commissioner for Oaths who commissions an affidavit without seeing the deponent cannot truthfully state in the jurat that the affidavit was taken or made before him or her, nor can the Commissioner state truly at what place or time the affidavit was made.

Legislation cited (9)

Cases cited (3)

  • Nakanjako Teopista and Another v Tamale Francis and 3 Others (Miscellaneous Application No. 124 of 2022)
  • Kakooza John Baptist v Electoral Commission and Another (Election Petition Appeal No. 11 of 2007)
  • Mohammed Majyambere v Bhakresa Khalil (Miscellaneous Application No. 727 of 2011)

Full judgment

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

Bugembe Edward v Nkalubo Aaron (Miscellaneous Application 48 of 2026) [2026] UGHC 741 (3 July 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.