Wakilii

Kayondo & Another v Kayondo (Miscellaneous Application No. 189 of 2018)

High Court · [2019] UGHCFD 47 · 2019 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to amend plaint in underlying probate revocation suit
Decision
Application dismissed for want of proper supporting affidavit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for leave to amend plaint dismissed as incompetent. The supporting affidavit was sworn by Henry Kayondo who claimed to be an applicant, but no applicant by that name appeared on the record. The deponent had no locus to swear the affidavit and provided no authority to act on behalf of the applicants. The court held it could not sanction such illegality and dismissed the application with costs.

Outcome

Application dismissed for want of proper supporting affidavit

Facts

The applicants filed Civil Suit No. 124 of 2016 seeking revocation of a grant of probate issued to the respondent. They brought an application under Order 6 rules 19 and 31 of the Civil Procedure Rules seeking leave to amend their plaint. The applicants claimed their previous advocates had omitted certain facts about the alleged improper execution of the deceased's will, incorrect property descriptions, undervaluation of the estate, and the deceased's signature. The supporting affidavit was sworn by Henry Kayondo who described himself as an applicant, but no applicant by that name appeared on the record. The respondent's affidavit in reply was filed late and expunged by the court.

Issues

  1. Whether the application for leave to amend the plaint should be granted.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Affidavits — Locus Standi of Deponent — Authority to Swear on Behalf of Multiple Parties
Where an affidavit in support of an application is sworn by a person who claims to be a party but whose name does not appear on the record as a party, and who has no legal authority to swear the affidavit on behalf of the actual parties, the affidavit is defective and incompetent, and the application must fail for want of proper evidentiary support.
Civil Procedure — Affidavits — Strangers to Proceedings — Requirement of Mandate
Where a party to a suit seeks to invite a stranger to support his or her case by affidavit, the stranger must be legally mandated to do so. Similarly, where a person swearing an affidavit claims to act on behalf of multiple applicants including himself or herself, such person must be legally authorised to do so.

Legislation cited (3)

Cases cited (1)

  • Kaingana v Daboboubou [1986] HCB 59

Full judgment

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

Kayondo & Another v Kayondo (Miscellaneous Application No. 189 of 2018) [2019] UGHCFD 47 (12 September 2019)
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.