Wakilii

Davema Travel Solutions Limited and Others v Elizabeth Sandra Kisakye [2023] UGHC 541

High Court · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application raising preliminary objections in pending High Court civil suit
Decision
Application dismissed; matter to proceed to full trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court dismissed the application raising preliminary objections, holding that the objections required evidence to be adduced at a full trial and could not be determined by affidavit evidence alone. Preliminary objections must be based on pure points of law or undisputed facts capable of determination without examining the merits.

Outcome

Application dismissed; matter to proceed to full trial

Facts

The applicants filed Misc. Application No. 248 of 2023 raising several preliminary objections in the context of High Court Civil Suit 859/2023. The court heard submissions from both parties on whether the preliminary objections could be determined at the interlocutory stage. The applicants' arguments and the respondent's opposition raised factual issues that required evidence to be adduced.

Issues

  1. Whether the preliminary objections raised by the applicants could be determined on affidavit evidence without a full trial.

Orders

  • Application dismissed.
  • Costs in the cause.

Rules and key headnotes

Civil Procedure — Preliminary Objections — Requirements for Determination
A preliminary objection must raise a point of law based on ascertained facts and not evidence. It should be capable of determination based only on examination of the pleadings without reference to any evidence and should not touch the merits of the case.
Civil Procedure — Preliminary Objections — Matters Requiring Evidence
Preliminary objections that raise issues and facts requiring evidence to be adduced cannot be disposed of without a full trial and should not be sustained at an interlocutory stage.
Civil Procedure — Preliminary Objections — Standard for Sustaining Objections
Preliminary objections should be sustained only in cases where the facts on which they are based are clear and free from doubt, and should be based on pure points of law or ascertained undisputed facts and reasonable inferences drawn from those facts.

Cases cited (3)

  • Gunya Company Limited v Attorney General (Civil Suit No. 21 of 2011)
  • Lovetta case
  • Peter Munagi case

Full judgment

↓ Download PDF

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

Davema Travel Solutions Limited and Others v Elizabeth Sandra Kisakye 2023 UGHC 541 (6 September 2023)
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.