Wakilii

Kasulu Paul v Nsiika Financial Services Ltd (Miscellaneous Application No. 2347 of 2025)

High Court · [2026] UGCOMMC 13 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for discovery of documents arising from civil suit for breach of contract and refund of loan payments
Decision
Application for discovery dismissed with costs to the respondent

Observed later treatment

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Holding

The High Court dismissed an application for discovery of loan documents relating to ten prior loan facilities, holding that documents concerning facilities other than the loan in dispute were irrelevant and immaterial to the main suit. The court further held that alleged discrepancies in the demand notice, account statement, and ledger extract required explanation during trial rather than pre-trial reconciliation, and that the application constituted a fishing expedition.

Outcome

Application for discovery dismissed with costs to the respondent

Facts

The applicant obtained a loan facility of UGX 30,000,000 from the respondent in May 2023, repayable within 24 months at 72% annual interest. The applicant subsequently filed a civil suit claiming breach of contract and seeking refund of UGX 53,477,810 allegedly paid under protest, alleging exorbitant interest rates, premature penalty charges, and computational contradictions between the demand notice, official account statement, and internal ledger extract. The respondent admitted the parties had previously entered into ten loan transactions. The applicant brought this interlocutory application seeking production of documents including reconciliation of the disputed figures, joint statements of account for all ten prior facilities, and all loan agreements and amortization schedules. The respondent opposed the application as a fishing expedition, arguing the documents related to facilities not in dispute and that discrepancies could be explained at trial.

Issues

  1. Whether the Court should grant an order for discovery of the documents sought by the applicant.
  2. What remedies are available to the parties.

Orders

  • Application dismissed.
  • Costs awarded to the Respondent.

Rules and key headnotes

Discovery — Relevance and Materiality — Documents Relating to Transactions Not in Dispute
An order for discovery will not be granted for documents relating to transactions that are not the subject matter of the suit, as such documents are irrelevant and immaterial to the resolution of the issues in dispute.
Discovery — Fishing Expedition — Prerequisites for Grant of Discovery Order
Discovery must not be allowed to be used as a fishing expedition for an applicant to build up an unsure case. The prerequisites for grant of an order for discovery include relevancy and materiality, that the document is not otherwise privileged or protected by law, that the document is in the respondent's possession, custody, control or power, and that attempts to obtain the same voluntarily were futile.
Documentary Evidence — Discrepancies Requiring Explanation — Matters for Trial
Where an applicant challenges figures contained in documents already in his possession and alleges variations and contradictions, issues regarding such discrepancies can be resolved during the hearing of witnesses since they require explanation rather than pre-trial reconciliation.

Legislation cited (3)

Cases cited (4)

  • Patricia Mutesi v Attorney General (High Court Miscellaneous Application No. 912 of 2016)
  • John Kato v Muhlbauer AG and Another (High Court Miscellaneous Application No. 175 of 2011)
  • Simbamanyo Estates Ltd and Another v Equity Uganda Ltd and Others (High Court Miscellaneous Application No. 583 of 2022)
  • Kaweesi Sulaiman and 26 Others v Bank of Uganda and Another (High Court Miscellaneous Application No. 258 of 2022)

Full judgment

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

Kasulu Paul v Nsiika Financial Services Ltd (Miscellaneous Application No. 2347 of 2025) [2026] UGCommC 13 (23 January 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.