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Frontier Logistics International (U) Ltd and Another v Absa Bank (U) Limited [2026] UGCOMMC 62

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for discovery of documents arising from civil suit for recovery of debt
Decision
Application for discovery dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application for discovery of a valuation report relating to collateral for a loan. The court held that the applicants failed to meet the requirements for an order for discovery because the contractual obligation to obtain and retain the valuation report rested with the applicants under the facility letters, not the respondent bank. The respondent's unchallenged assertion that it had searched its records and could not locate the report was accepted. Although the document was found to be relevant and material to the applicants' defence of fraud and not privileged, the failure to establish that the document was in the respondent's possession, custody, or control was fatal to the application.

Outcome

Application for discovery dismissed

Facts

The respondent bank sued the applicants in Civil Suit No. 119 of 2019 for recovery of a debt arising from a loan disbursed to the 1st applicant and guaranteed by the 2nd applicant. The loan was secured by land at Kibuga Block 4 Plot 890. The applicants sought an order compelling the respondent to deliver a copy of the valuation report for the collateral property, which they claimed was conducted prior to loan disbursement and was necessary for their defence alleging fraud and undervaluation in the realisation of the security. The respondent produced facility letters dated 27 July 2016 showing that the 1st applicant was contractually obligated to provide the valuation report to the bank. The respondent stated it had searched its records and could not locate the valuation report. The applicants did not file a counterclaim raising the issue of undervaluation.

Issues

  1. Whether the Applicants have adduced sufficient grounds for orders sought?
  2. What remedies are available?

Orders

  • Application dismissed with costs in the cause.

Rules and key headnotes

Discovery of Documents — Requirements for Order
For an order for discovery to be granted, the applicant must prove that the documents sought are relevant and material to the issues in the suit, not privileged or otherwise protected, and within the possession, custody, and control of the respondent.
Discovery of Documents — Burden of Proof on Possession
An order for discovery should be denied when the respondent asserts that the requested documents do not exist or are not in its possession, custody, or control, unless there is contrary evidence from the applicant.
Loan Facilities — Contractual Obligation to Provide Valuation
Where facility letters impose a contractual obligation on the borrower to provide a valuation report for collateral property, the obligation to obtain and retain a copy of that report rests with the borrower, not the lending institution.

Legislation cited (7)

Cases cited (9)

Full judgment

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

Frontier Logistics International (U) Ltd and Another v Absa Bank (U) Limited 2026 UGCommC 62 (23 February 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.