Wakilii

Godfrey Katunda v Betty Atuhaire Bwesharire,Naboth Atamba(2) (HCT-05-CV-MA-0203-2004 ) (HCT-05-CV-MA-0203-2004)

High Court · [2005] UGHC 104 · 2005 Preliminary Objections Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for civil remedies from LC I proceedings — respondent raised preliminary objections
Decision
Preliminary objections dismissed; application to proceed to substantive hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court rejected all five preliminary objections raised by the respondent. Alleged contradictions in affidavits require scrutiny at hearing, not at the preliminary stage. A litigant may assemble supporting evidence through affidavits from others without special procedure. Supplementary affidavits filed without leave are not necessarily amiss. Partially unpaid court fees do not warrant striking out the action; the balance must be paid. The question of cause of action where an annexture does not name the applicant should be determined at the substantive hearing.

Outcome

Preliminary objections dismissed; application to proceed to substantive hearing

Facts

The applicant brought an application for civil remedies arising from LC I proceedings. The application included prayers for return of cattle and restoration of property worth 30,000,000 shillings. The respondent raised five preliminary objections: that affidavits of Kamujanduzi and Ahimbisibwe contained contradictions and falsehoods and should be struck out; that Ahimbisibwe lacked capacity to swear an affidavit; that supplementary affidavits were filed without leave after the respondents had filed replies; that insufficient court fees were paid; and that the applicant had no cause of action because a warrant annexed to the affidavit named different parties.

Issues

  1. Whether affidavits containing contradictory statements should be struck out for falsehood.
  2. Whether an affidavit sworn by a person not holding power of attorney or not being an advocate for the applicant should be struck out for lack of capacity.
  3. Whether supplementary affidavits filed after the respondents filed their replies should be struck out for being filed without leave of court.
  4. Whether the application is incompetent for failure to pay appropriate fees.
  5. Whether the applicant has a cause of action where the warrant annexed to the affidavit does not contain the applicant's name.

Orders

  • All preliminary objections dismissed.
  • Hearing of the application to proceed.
  • Costs of the preliminary objections to be in the cause.

Rules and key headnotes

Affidavits — Alleged Contradictions and Falsehoods
Where multiple affidavits are alleged to contain contradictions, each affidavit must be considered separately before a decision is reached on whether there are falsehoods involved, and such scrutiny is a matter for hearing rather than determination at the preliminary objection stage.
Affidavits — Capacity to Swear Supporting Affidavits
A litigant may assemble supporting evidence through affidavits sworn by other persons in support of their case without requiring those persons to hold powers of attorney or special authorization, except in representative actions where special procedure applies.
Supplementary Affidavits — Filing Without Leave
Supplementary affidavits filed after the opposing party has filed replies are not necessarily improper even if filed without leave of court.
Court Fees — Partial Payment
Where court fees are partially paid, the proper remedy is to order the litigant to pay the balance, not to strike out the action.
Cause of Action — Preliminary Objections
The administration of justice requires that the substance of disputes be investigated and decided on their merits, and errors and lapses should not necessarily deter a litigant from pursuit of their rights.

Cases cited (5)

  • Jetha Brothers v Mbarara Municipal Council and 4 Others (HCT-05-CV-MA-0031-2004)
  • Sirasi Bitaitana and 4 Others v Emmanuel Kananura [1977] HCB 34
  • Joy Kaingana per John Kaingana v Dabo Boubon [1986] HCB 59
  • Paul Kalule v Losira Nanozi (High Court Civil Appeal No. 18 of 1974)
  • Essaji v Solanki [1968] EA 223

Full judgment

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

Godfrey Katunda v Betty Atuhaire Bwesharire,Naboth Atamba(2) (HCT-05-CV-MA-0203-2004 ) (HCT-05-CV-MA-0203-2004) [2005] UGHC 104 (27 April 2005)
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.