Wakilii

Kintu v The Registered Trustees of Uganda Centre of St. John Ambulance Association (Civil Suit 219 of 1993)

High Court · [1993] UGHC 54 · 1993 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appear and defend in a civil suit instituted by summary procedure under Order 33 Rules 1 and 2(b) of the Civil Procedure Rules
Decision
Leave to defend granted; defendant to file defence within 10 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that a landlord's action against a tenant for recovery of land may properly be instituted under Order 33 Rule 2(b) of the Civil Procedure Rules by summary procedure. Where a defendant raises contentious matters including alleged wrongful dismissal and a counterclaim, these constitute triable issues warranting the grant of leave to appear and defend. The court distinguished earlier authorities and granted the defendant leave to defend, ordering the filing of a Written Statement of Defence within ten days.

Outcome

Leave to defend granted; defendant to file defence within 10 days

Facts

The plaintiff instituted a civil suit by summary procedure under Order 33 Rules 1 and 2(b) seeking to evict the defendant from premises. The defendant was the Executive Secretary of St. John Ambulance Association of Uganda and had been dismissed from that position. The plaintiff was the registered trustee of the Uganda Centre of St. John Ambulance Association. The defendant filed a notice of motion under Order 33 Rule 3 seeking leave to appear and defend, contending that the suit was improperly brought under summary procedure, that he had a reasonable defence, that his dismissal was improper, that he was authorised to occupy the premises by the Association, and that the dispute should have been referred to the parent association in London for arbitration. The defendant also indicated he had a proposed counterclaim.

Issues

  1. Whether the plaintiff's claim was properly instituted under Order 33 Rule 2(b) of the Civil Procedure Rules.
  2. Whether the defendant had a reasonable defence to warrant leave to appear and defend the suit.
  3. Whether triable issues existed that required full hearing rather than summary determination.

Orders

  • Application for leave to defend allowed.
  • Defendant applicant to enter appearance and file Written Statement of Defence within 10 days from the date hereof.
  • Costs of this application to be in the cause.
  • Pleadings on file to be appropriately corrected to reflect the amended plaintiff name.

Rules and key headnotes

Summary Procedure — Order 33 Rule 2(b) — Actions for Recovery of Land
An action by a landlord against a tenant for recovery of land may properly be instituted under Order 33 Rule 2(b) of the Civil Procedure Rules by way of summary procedure.
Summary Procedure — Leave to Defend — Triable Issues
Where a defendant raises contentious matters constituting triable issues, leave to defend should be granted even in a suit instituted by summary procedure.
Summary Procedure — Counterclaim — Effect on Leave to Defend
Where a proposed counterclaim is not a sham and the proposed Written Statement of Defence shows a credible defence, leave to defend should be granted.

Legislation cited (3)

Cases cited (5)

  • Budai Coffee Hulling Factory Ltd v Eriya M Babumba [1963] EA 613
  • Uganda Transport Co Ltd v Count De la Pasture (1954) 21 EACA 163
  • Maluku Interglobal Trade Agency Ltd v Bank of Uganda [1983] HCB 163
  • Momen Corporation (U) Ltd v H Jiwani [1964] EA 244
  • Sonza Figuerido & Co Ltd v Mooring Hotel Co Ltd [1959] EA 425

Full judgment

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

Kintu v The Registered Trustees of Uganda Centre of St. John Ambulance Association (Civil Suit 219 of 1993) [1993] UGHC 54 (30 August 1993)
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.