Wakilii

Kayongo Muhammad v Mukiibi Abdulrahman (Miscellaneous Application 793 of 2024)

High Court · [2025] UGHCCD 180 · 2025 Application Dismissed 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 debt recovery
Decision
Application dismissed and judgment entered for plaintiff for the debt, interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application for leave to appear and defend a summary suit for debt recovery. The applicant acknowledged the debt but claimed payment was conditional on sale of specified land. The court found no such condition in the agreement between the parties and held that the applicant failed to establish a triable issue of fact or law. Judgment was entered for the plaintiff for the full amount claimed plus interest and costs.

Outcome

Application dismissed and judgment entered for plaintiff for the debt, interest and costs

Facts

The respondent filed a summary suit (Civil Suit No. 291 of 2024) claiming UGX 62,000,000 from the applicant arising from an agreement dated 2 September 2023. The applicant applied for leave to appear and defend under Order 36 rule 3(1) of the Civil Procedure Rules. The applicant acknowledged the debt but claimed its payment was subject to disposal of land comprised in Busiro Block 471 Plots 1690 and 1685. The respondent opposed the application, asserting that the claim about conditional payment was false and that there was no good defence. The court examined the agreement between the parties and found no condition making the debt subject to sale of the land.

Issues

  1. Whether the affidavit in support of the application is incurably defective for failure to disclose sources of knowledge and grounds of belief.
  2. Whether unconditional leave to appear and defend the summary suit should be granted to the applicant.

Orders

  • Application for leave to appear and defend dismissed.
  • Defendant to pay the plaintiff UGX 62,000,000.
  • Defendant to pay interest of 6% per annum on UGX 62,000,000 from 2 July 2024 until payment in full.
  • Defendant to pay the costs of the suit.

Rules and key headnotes

Civil Procedure — Summary Suits — Leave to Appear and Defend — Test for Granting Leave
To be granted leave to appear and defend a summary suit under Order 36 rule 3(1) of the Civil Procedure Rules, a defendant must satisfy the court that there is a bona fide triable issue of fact or law. A triable issue is one capable of being resolved through judicial examination in court and only arises when a material proposition of law or fact is affirmed by one party and denied by the other.
Civil Procedure — Affidavits — Requirements for Validity — Facts Within Deponent's Knowledge
An affidavit based on facts within the deponent's own knowledge does not offend the rules of procedure and does not require disclosure of sources of knowledge and grounds of belief. The requirement to disclose sources and grounds applies only to matters not within the deponent's personal knowledge.
Civil Procedure — Summary Suits — Judgment Upon Refusal of Leave — Automatic Entitlement to Decree
Where an application for leave to appear and defend a summary suit is dismissed, the plaintiff is entitled to a decree as per the prayers in the summary suit without further proof, including the principal sum claimed, interest and costs.

Legislation cited (3)

Cases cited (1)

Full judgment

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

Kayongo Muhammad v Mukiibi Abdulrahman (Miscellaneous Application 793 of 2024) [2025] UGHCCD 180 (19 October 2025)
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.