Wakilii

Magembe David v Ssemaganda Wilber (Miscellaneous Application No. 1052 of 2024)

High Court · [2025] UGHCCD 59 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for unconditional leave to appear and defend a summary suit arising from alleged land sale agreements
Decision
Application for leave to appear and defend dismissed; respondent entitled to proceed with summary suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court dismissed an application for leave to appear and defend a summary suit. The applicant had received UGX 65,000,000 as part payment for land he did not own and was not entitled to sell. The court held that selling property one does not own constitutes an illegality which the court cannot ignore, and that the applicant failed to demonstrate any bonafide triable issue warranting a full trial. The respondent was entitled to summary judgment for recovery of the money paid.

Outcome

Application for leave to appear and defend dismissed; respondent entitled to proceed with summary suit

Facts

The applicant and respondent entered into two land purchase agreements: one for 1 acre in Kyadondo Block 156 Plot 252 for UGX 75,000,000 (deposit UGX 45,000,000) and another for 23 decimals for UGX 20,000,000 (deposit UGX 10,000,000). The respondent paid a total of UGX 65,000,000 as deposits. The applicant failed to deliver vacant possession and the titles. Upon investigation, including a police report, it was established that the applicant was not the owner of the land he purported to sell. The respondent declined to pay the balance and filed a summary suit to recover the UGX 65,000,000 paid. The applicant then filed this application seeking leave to appear and defend the summary suit.

Issues

  1. Whether the applicant has a bonafide triable issue of fact or law to justify the grant of leave to appear and defend Civil Suit No. 0403 of 2024.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Summary Suits — Leave to Appear and Defend — Test for Grant of Leave
An applicant seeking leave to appear and defend a summary suit must satisfy the court that there is a bonafide triable issue of fact or law which ought to be tried. The applicant need not show that he is more likely to succeed, but must demonstrate that there is a question which can only be properly determined at trial. The court does not investigate the merits but only ascertains whether a triable issue has been raised.
Contract Law — Sale of Land — Illegality — Sale by Non-Owner
A contract for the sale of land by a person who is neither the registered proprietor nor in possession of the land constitutes an illegality. A court cannot turn a blind eye to an illegality once brought to its attention, as one cannot pass title to property one does not own.
Civil Procedure — Summary Suits — Abuse of Process — Delay Tactics
Where there is no reasonable doubt that a respondent is entitled to judgment and allowing an applicant to defend would waste court time and is intended to delay proceedings and improperly deprive the respondent of judgment, the application for leave to defend constitutes an abuse of court process and should be dismissed.

Legislation cited (3)

Cases cited (4)

  • Imaging The Worlds Africa and Another v Juliet Nagawa (Miscellaneous Application No. 336 of 2023)
  • Corporate Insurance Co. Ltd v Nyali Beach Hotel Ltd [1995-1998] EA 7
  • Maluku Interglobal Trade Agency v Bank of Uganda [1985] HCB 65
  • Makula International Ltd v His Eminence Cardinal Nsubuga and Another (Civil Appeal No. 4 of 1981)

Full judgment

↓ Download PDF

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

Magembe David v Ssemaganda Wilber (Miscellaneous Application No. 1052 of 2024) [2025] UGHCCD 59 (15 May 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.