Wakilii

Hasmani v Belge (Civ. App. No. 9-1938.)

East African Court of Appeal · [1938] EACA 89 · 1938 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from order granting conditional leave to defend in summary suit for recovery of money on dishonoured bill of exchange
Decision
Appellant granted unconditional leave to defend; matter to proceed to trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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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 held that where an affidavit supporting an application for leave to defend discloses one triable issue, the defendant is entitled to unconditional leave to defend. The appellant's denial of receiving notice of dishonour and protest put the plaintiff to proof and raised a triable issue. The question whether the attorney exceeded his powers under the Power of Attorney in drawing the bill could not be conclusively determined at this stage and also constituted a triable issue. Appeal allowed.

Outcome

Appellant granted unconditional leave to defend; matter to proceed to trial

Facts

The respondent bank sued the appellant for recovery of money alleged to be due on a dishonoured bill of exchange drawn by the appellant's attorney. The appellant applied for leave to defend, filing an affidavit in which he denied receiving notice of dishonour and protest and averred that his attorney had no authority to draw the bill. The trial judge granted the appellant conditional leave to defend. The appellant appealed against the imposition of conditions on his leave to defend.

Issues

  1. Whether the appellant disclosed a triable issue entitling him to unconditional leave to defend.
  2. Whether the appellant's denial of receipt of notice of dishonour and protest raised a triable issue.
  3. Whether the attorney exceeded the powers conferred under the Power of Attorney in drawing the bill of exchange.

Orders

  • Appeal allowed with costs.
  • Appellant granted unconditional leave to defend.
  • Costs in the Court below to abide the result of the trial.
  • Written statement of defence to be filed within three days of the 25th instant.

Rules and key headnotes

Civil Procedure — Summary Suits — Leave to Defend — Triable Issue
Where an affidavit supporting an application for leave to defend discloses one triable issue, the defendant is entitled to unconditional leave to defend.
Civil Procedure — Summary Suits — Notice of Dishonour — Denial Raising Triable Issue
A defendant's denial of receipt of notice of dishonour and protest in an affidavit supporting an application for leave to defend puts the plaintiff to proof and raises a triable issue entitling the defendant to unconditional leave to defend.
Contract Law — Agency — Power of Attorney — Scope of Authority
Where a defendant raises a question as to whether an attorney exceeded the powers conferred under a Power of Attorney in drawing a bill of exchange, and the issue cannot be conclusively determined at the summary suit stage, it constitutes a triable issue entitling the defendant to unconditional leave to defend.

Legislation cited (1)

  • Indian Civil Procedure Rules 1908 Order XXXVII

Cases cited (1)

  • Civ. App. No. 17/1937

Full judgment

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

Hasmani v Belge (Civ. App. No. 9-1938.) [1938] EACA 89 (1 January 1938)
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.