Frontier Logistics International (U) Ltd and Nkurunungi Monte Daniels v Absa Bank (U) Limited (Formerly Barclays Bank (U) Limited) (Miscellaneous Application No. 0336 of 2026)

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.

Holding

Held that the applicants failed to demonstrate arguable grounds for leave to appeal from an interlocutory ruling dismissing their application for discovery of a valuation report. The court found that where the intended appeal arises from a discretionary order, a stronger case must be made out, and the applicants had not met this threshold. The application for leave to appeal and for stay of proceedings was dismissed with costs in the cause.

Outcome

Application for leave to appeal and stay of proceedings dismissed

Facts

The applicants filed Miscellaneous Application No. 1755 of 2025 seeking orders that the respondent bank deliver a copy of the valuation report for land at Kibuga Block 4 Plot 890. The application arose from Civil Suit No. 0119 of 2019 filed by the respondent bank. The court dismissed the discovery application. The applicants then filed this application seeking leave to appeal that ruling and for a stay of proceedings in the underlying suit. The respondent opposed the application, arguing that the contractual obligation to retain documents was on the applicants, that the respondent had no corresponding obligation to produce the valuation report, and that the application for discovery came six years after the suit was filed in 2019. The respondent further contended that in the absence of a counterclaim, the valuation issue would not affect the defence.

Issues

1. Whether the Applicants have met the conditions for grant of leave to appeal against the ruling and orders in HCMA No. 1755 of 2025?
2. Whether the proceedings in HCCS No. 0119 of 2019 should be stayed
3. What remedies are available to the parties?

Orders

• Application dismissed with costs in the cause.

Rules and key headnotes

Legislation cited (6)

• Civil Procedure Act Cap 282 s.98
• Civil Procedure Rules SI 71-1 Order 44 Rule 1(2)
• Civil Procedure Rules SI 71-1 Order 44 Rule 1(3)
• Civil Procedure Rules SI 71-1 Order 44 Rule 1(4)
• Civil Procedure Rules SI 71-1 Order 15 Rule 3
• Judicature Act s.37

Cases cited (7)

• GM Combined (U) Ltd v AK Detergents (U) Ltd (Civil Application No. 23 of 1994)
• Tullow Uganda Ltd and Another v Jackson Nabyona (Miscellaneous Application No. 443 of 2017)
• Sango Bay Estates Ltd and Others Vs Dresdner Bank A G [1971] 1 E.A 17 at pg. 20
• Degeya Trading Stores (U) Ltd v Uganda Revenue Authority (Civil Application No. 16 of 1996)
• Johnson Mugisha and 3 Others v Kampala Capital City Authority and Others (Miscellaneous Application No. 481 of 2008)
• Grobbelaar Vs News Group Newspapers Ltd. [2002]1 WLR 3024 at 3037B
• Yahaya Kiriisa v Attorney General and Another (Civil Appeal No. 07 of 1994)

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