Lwanga v Ziwa Rhino and Wildlife Ranch Ltd (Miscellaneous Application 763 of 2024)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court granted an application for discovery and inspection of bank statements held by the respondent company where those statements formed the basis of a forensic audit report attached to the plaint in the main suit. The court held that copies of bank statements used in an audit report forming part of the pleadings must be disclosed, notwithstanding that the bank is the original author of the documents. The court declined to order production of alleged annual payments records where no evidence of their existence was adduced.

Outcome

Respondent ordered to produce bank statements within fourteen days; request for annual payments records dismissed

Facts

The respondent company sued the applicant (its former director) and others in Civil Suit 1419 of 2023 alleging theft and conversion of funds totalling UGX 215,501,700, USD 15,952, and Euros 1,200. The respondent's claims were based on a forensic audit report dated 25th May 2023 which made reference to bank statements showing deposits to various accounts between March 2022 and March 2023. In his defence, the applicant contended that he duly banked all money received on behalf of the respondent into the company's accounts with Stanbic Bank Uganda Limited (three accounts) and KCB Bank Uganda Limited. The applicant then sought discovery and inspection of the bank statements referenced in the audit report and annual payments records relating to cattle grazing. The respondent opposed the application, arguing it was not the author of the bank statements and could not authenticate them, and that the annual payments records did not exist as the applicant had been responsible for documenting them but had failed to do so.

Issues

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

Orders

• Application allowed.
• Respondent to furnish under oath of an appropriate officer within fourteen days bank statements for Account Numbers 9030020647395, 9030021141118, 2297416040 (Uganda Shillings) and 9030005598256 (United States Dollars) for the period 1st March 2022 to 31st March 2023 for inspection and taking copies.
• Costs of the application to be in the cause.

Rules and key headnotes

Legislation cited (8)

• Judicature Act s.33 (now s.37 of Cap. 16)
• Civil Procedure Act Cap. 282 s.22(a)
• Civil Procedure Act Cap. 282 s.98
• Civil Procedure Rules SI 71-1 Order 10 rule 12
• Civil Procedure Rules SI 71-1 Order 10 rule 14
• Civil Procedure Rules SI 71-1 Order 10 rule 15
• Civil Procedure Rules SI 71-1 Order 10 rule 19(2)
• Civil Procedure Rules SI 71-1 Order 10 rule 24

Cases cited (5)

• Mutesi v Attorney General (HCMA No. 912 of 2016)
• A.K.T Project Management Ltd and 2 Others v DFCU Bank Limited (HCMA No. 2046 of 2023)
• Simbamanyo Estates Ltd and Peter Kamya v Equity Bank Uganda Ltd and 4 Others (HCMA No. 582 of 2022)
• Kato v Muhlbauer A.G and Another (HCMA No. 175 of 2011)
• Kaweesi Sulaiman and 26 Others v Bank of Uganda and another (HCMA No. 258 of 2022)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Kamalesh Maheshwari v Dilip Patel and Others (Miscellaneous Appeal No. 11 of 2024)

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