Wakilii

City Aluminium & Glass Services Ltd & Anor v Barclays Bank of Uganda Ltd & Anor (Civil Suit No. 867 of 2014)

High Court · [2018] UGCOMMC 19 · 2018 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objection in first instance civil suit for recovery of money
Decision
Preliminary objection dismissed; matter to proceed to full hearing

Observed later treatment

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Holding

Preliminary objection dismissed. The plaint disclosed factual matters requiring investigation through evidence, including claims based on a power of attorney, memorandum of understanding, and corporate resolutions authorizing a loan secured by a certificate of title. A preliminary objection must be a pure point of law and cannot be used where disputed facts require proof at trial.

Outcome

Preliminary objection dismissed; matter to proceed to full hearing

Facts

The plaintiffs claimed recovery of UGX 2,584,164,879 based on a power of attorney given by the second defendant to the second plaintiff, a memorandum of understanding, and resolutions by the first plaintiff. The first plaintiff allegedly borrowed money from the first defendant using the second defendant's certificate of title as security. The certificate of title had been retrieved from one Tenywa Ahamed and was mortgaged to the first defendant, with the mortgage registered on 15 September 2010. Before the hearing, both defendants raised a preliminary objection that the plaint did not disclose a cause of action.

Issues

  1. Whether the plaint disclosed a cause of action against the defendants.

Orders

  • Preliminary objection disallowed.
  • Costs to abide the final decision.

Rules and key headnotes

Civil Procedure — Preliminary Objections — Disclosure of Cause of Action
A plaint discloses a cause of action where it shows that the plaintiff enjoyed a right, that the right has been violated, and that the defendant is liable, established by perusal of the plaint and attachments with the assumption that facts pleaded are true.
Civil Procedure — Preliminary Objections — Requirements and Limitations
A preliminary objection must be a point of law which must not be blurred with factual details liable to be contested. Where a court needs to investigate facts or where disputed facts require proof through evidence, the matter cannot be raised as a preliminary objection.

Cases cited (3)

  • Auto Garage v Motokov [1971] EA 514
  • Attorney General v Oluoch (1972) EA 392
  • El Busaidy v Commissioner of Lands and Others [2002] 1 KLR 508

Full judgment

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

City Aluminium & Glass Services Ltd & Anor v Barclays Bank of Uganda Ltd & Anor (Civil Suit No. 867 of 2014) [2018] UGCommC 19 (12 July 2018)
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.