Wakilii

Kajuma Agro Company Ltd and Others v Equity Bank (U) Ltd (Miscellaneous Application 386 of 2026)

High Court · [2026] UGCOMMC 99 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appear and defend arising from summary suit proceedings
Decision
Applicants granted unconditional leave to appear and defend the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the applicants unconditional leave to appear and defend the summary suit. The applicants disputed the amount claimed and interest charged, placing the matter outside the scope of summary procedure under Order 36 of the Civil Procedure Rules. Where a defendant raises a bona fide triable issue, leave to defend must be granted without requiring proof of a good defence on the merits.

Outcome

Applicants granted unconditional leave to appear and defend the main suit

Facts

The respondent bank filed a summary suit (Civil Suit No. 90 of 2026) against the applicants. The applicants applied for leave to appear and defend under Order 36 rule 3(1) of the Civil Procedure Rules. The respondent did not file an affidavit in reply and did not appear at the hearing. In their supporting affidavit, the applicants disputed the amount claimed by the bank and the interest charged.

Issues

  1. Whether the applicants should be granted leave to appear and defend Civil Suit No. 90 of 2026.
  2. Whether the applicants have demonstrated a bona fide triable issue of fact or law.

Orders

  • The Applicants are hereby granted unconditional leave to appear and defend Civil Suit No. 90 of 2026.
  • The Applicants shall file and serve their Written Statement of Defence within fifteen (15) days from the date of this Ruling.
  • The Respondent shall file and serve its reply to the Written Statement of Defence within fifteen (15) days from the date of service of the Written Statement of Defence.
  • Costs of this application shall be in the cause.

Rules and key headnotes

Summary Procedure — Leave to Appear and Defend — Test for Grant
Under Order 36 rule 3(1) of the Civil Procedure Rules, a defendant served with summons in summary proceedings must obtain leave from court to appear and defend. Leave must be granted where the applicant shows by affidavit or otherwise that there is a bona fide triable issue of fact or law. The applicant is not required to demonstrate a good defence on the merits but must satisfy the court that there is an issue or question in dispute which ought to be tried.
Summary Procedure — Scope and Applicability — Disputed Claims
Summary procedure under Order 36 of the Civil Procedure Rules is resorted to in clear and straightforward cases where the demand is liquidated and there are no issues for determination by the court except for the grant of the claim. Where a defendant disputes the amount claimed or the interest charged, the claim falls outside the ambit of summary procedure and the defendant is entitled to unconditional leave to appear and defend.
Unopposed Applications — Effect of Non-Appearance and Failure to Reply
Where an applicant supports an application by affidavit and the respondent does not reply by affidavit or otherwise and does not appear at the hearing, and the supporting evidence is credible in itself, the facts stand as unchallenged and are presumed to be admitted.

Legislation cited (4)

Cases cited (4)

  • Serefaco Consultants Ltd v Euro Consult BV and Another (Civil Application No. 16 of 2007)
  • William Akankwasa v Registrar of Titles (HCMA No. 33 of 2008)
  • Maluku Interglobal Trade Agency Ltd v Bank of Uganda [1985] HCB 65
  • Twentsche Overseas Trading Co. Ltd v Bombay Garage Ltd [1958] EA 741

Full judgment

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

Kajuma Agro Company Ltd and Others v Equity Bank (U) Ltd (Miscellaneous Application 386 of 2026) [2026] UGCommC 99 (25 March 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.