Wakilii

Kanyunyuzi Priscilla and Another v Kamulegeya Bashir Lwanga (Miscellaneous Application No. 228 of 2024)

High Court · [2026] UGHC 76 · 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 for recovery of money
Decision
Applicants granted leave to defend; matter to proceed to full trial

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Holding

The High Court granted leave to appear and defend where applicants disputed the quantum claimed in a summary suit and the respondent admitted receiving partial payment of UGX 15,000,000. The court held that an admission of partial payment necessarily raises a genuine dispute as to the exact amount outstanding, constituting a triable issue that cannot properly be resolved through summary procedure. A three-day procedural delay was excused under the court's inherent powers to meet the ends of justice.

Outcome

Applicants granted leave to defend; matter to proceed to full trial

Facts

The respondent instituted a summary suit claiming UGX 84,000,000 arising from an alleged breach of an agreement for purchase of land in Kyaggwe Block 111, Plot 2609. The respondent alleged he paid the full purchase price of UGX 75,200,000 on 23 November 2022 but the applicants (husband and wife) failed to grant vacant possession. The applicants later allegedly agreed to refund the purchase price plus UGX 8,800,000 profit. The second applicant issued cheques which were dishonoured. The applicants were served on 13 November 2024 and filed their application for leave to defend on 26 November 2024, three days outside the prescribed ten-day period. The applicants disputed the quantum, asserting the respondent received UGX 15,000,000 from the second applicant. The respondent admitted receiving this sum and invited the court to deduct it and enter summary judgment for the balance of UGX 69,000,000.

Issues

  1. Whether the Applicants should be granted leave to appear and defend Civil Suit No. 111 of 2024 on the basis that they have disclosed a plausible defence.

Orders

  • The Applicants are granted leave to appear and defend Civil Suit No. 111 of 2024.
  • The Applicants shall file their written statement of defence within fifteen (15) days from the date of this ruling.
  • The costs of this application shall be in the cause.

Rules and key headnotes

Civil Procedure — Summary Suits — Leave to Appear and Defend — Test for Granting Leave
Leave to appear and defend a summary suit should be granted where the defendant raises a real dispute as to the amount claimed or discloses facts which, if proved at trial, would constitute a valid defence.
Civil Procedure — Summary Suits — Disputed Quantum — Triable Issue
A dispute as to quantum is a recognised triable issue that cannot properly be resolved through summary procedure. Where a plaintiff admits receiving partial payment, this necessarily raises a genuine dispute as to the exact amount outstanding and requires determination at full trial.
Civil Procedure — Procedural Delay — Inherent Powers — Substantive Justice
A minimal procedural delay that occasions no demonstrated prejudice may be excused under the court's inherent powers pursuant to section 98 of the Civil Procedure Act and Article 126(2)(e) of the Constitution, which require courts to administer substantive justice without undue regard to technicalities. Procedural rules are handmaids of justice, not its tyrants.

Legislation cited (8)

Cases cited (3)

  • New Vision Printing & Publishing Co. Ltd v Maj. Gen. Kahinda Otafiire (Constitutional Appeal No. 6 of 2018)
  • Maluku Interglobal Trade Agency Ltd v Bank of Uganda (1985) HCB 65
  • Walugembe William v. Katumwa Ronald & Another

Full judgment

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

Kanyunyuzi Priscilla and Another v Kamulegeya Bashir Lwanga (Miscellaneous Application No. 228 of 2024) [2026] UGHC 76 (10 February 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.