Kaheru & Anor v Zinorumuri (MISCELLANEOUS APPLICATION NO.082 OF 2017)

Observed later treatment

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

An affidavit sworn by one party on behalf of another without written proof of authorization is defective and renders the application incompetent. Save in representative suits, a deponent cannot swear an affidavit binding others unless written authorization is attached. Failure to attach an English translation of a document in a local language is an irregularity but can be cured by filing the translation, as English is the language of court under the Civil Procedure Act.

Outcome

Application dismissed for incompetence

Facts

The applicants sought court orders to inspect a will of the late Rwababi and subject it to handwriting expert examination for authenticity. The application was supported by an affidavit sworn by the first applicant with attachments including a copy of the will in Runyakore language without an English translation. At hearing, the respondent's counsel raised preliminary objections that the affidavit was defective because it was sworn by one applicant purportedly on behalf of both applicants, and that no English translation of the will was attached. The applicants' counsel conceded the translation irregularity could be cured but argued the affidavit related to matters in the knowledge of both applicants.

Issues

1. Whether an affidavit sworn by one applicant purportedly on behalf of another applicant without written authorization is defective and renders the application incompetent.
2. Whether failure to attach a translated English version of a document in a local language to an affidavit is a curable irregularity.

Orders

• Application dismissed for incompetence on account of defective affidavit.
• Costs to be in the cause.

Rules and key headnotes

Legislation cited (4)

• Civil Procedure Act s.88
• Civil Procedure Act s.98
• Civil Procedure Rules O.10 r.14
• Constitution of Uganda Art.126(2)(e)

Cases cited (3)

• Taremwa Kamishani & Ors v Attorney General (Miscellaneous Application No. 0038 of 2012)
• Makerere University v St. Mark Educations Institute (High Court Civil Suit No. 378 of 1993)
• Kaingana v Dabo Boubon [1986] HCB 59

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Life Line Ministries vs Akello Frida and 12 others (Miscellaneous Application No. 3 of 2022)

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