Wakilii

Mugerwa and 6 Others v Ssemakula (Miscellaneous Application 2292 of 2021)

High Court · [2024] UGHCLD 234 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out plaint in HCCS No. 902 of 2021 for failure to disclose a cause of action
Decision
Application to strike out plaint dismissed; main suit to proceed to trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the plaint disclosed a cause of action in fraud, which was properly pleaded. The validity of agreements relied upon raised evidential issues to be determined at trial, not on an interlocutory application to strike out. An advocate may swear an affidavit on formal or non-contentious legal matters within the advocate's professional knowledge. Application dismissed.

Outcome

Application to strike out plaint dismissed; main suit to proceed to trial

Facts

The respondent sued the applicants claiming fraud in relation to land at Kiti Busimbo. The respondent alleged his late father held a kibanja interest, and agreements were reached with the landlord (late Tamale John) to convert part of the kibanja into registered title. After Tamale's death, the applicants obtained letters of administration and allegedly connived to fraudulently subdivide the land and defeat the respondent's family's interest. The applicants applied to strike out the plaint under Order 7 rule 11 arguing that the sale agreement relied upon was invalid for lack of capacity, missing signatures, and absence of essential particulars, and that another agreement referenced in the plaint was not attached as required by Order 7 rule 14.

Issues

  1. Whether the plaint in the main suit HCCS No. 902 of 2021 discloses a cause of action against the defendants.
  2. Whether an advocate can swear an affidavit in support of an application in proceedings where the advocate's firm represents the applicant.

Orders

  • Application dismissed.
  • Civil Suit No. 902 of 2021 set down for mention and directions on 13 November 2024 at 9:30am.
  • Costs in the main cause.

Rules and key headnotes

Civil Procedure — Striking Out Pleadings — Cause of Action — Test for Non-Disclosure
In determining whether a plaint discloses a cause of action, the court must consider only the plaint and annexures thereto without reference to other pleadings. A cause of action is a bundle of facts which, taken with the law applicable to them, gives the plaintiff a right to relief against the defendant.
Civil Procedure — Striking Out — Validity of Contracts — Matter for Trial
Where a plaintiff's cause of action is fraud and the validity or legality of a contract is challenged, such issues require evidential proof based on the civil standard and cannot be determined at the interlocutory stage of an application to strike out the plaint.
Civil Procedure — Evidence — Affidavits by Advocates — Regulation 9 of Advocates (Professional Conduct) Regulations
An advocate is not prohibited from swearing an affidavit in proceedings where the advocate's firm represents a party, provided the matters deponed to are formal, non-contentious, or within the advocate's personal legal knowledge acquired through professional training, and the advocate is not counsel in personal conduct.
Civil Procedure — Pleadings — Annexing Documents — Order 7 rule 14
Where a plaintiff relies on several documents to support a cause of action and attaches some but not all documents referenced in the plaint, the omission of one document does not automatically render the plaint defective if other documents establish the material facts and the cause of action is otherwise disclosed.

Legislation cited (13)

Cases cited (16)

  • Greenboat Entertainment Ltd v City Council of Kampala (HCCS No. 580 of 2003)
  • Edward Gatsinzi and Another v Lwanga Steven (Civil Suit No. 690 of 2002)
  • Ugaflin Ltd v Beatrice Kiwanuka (HCMA No. 682 of 2014)
  • Banco Arabe Espanol versus BOU
  • David Mutyaba Segulate and 2 Others v Elvas Sebyatika and Another (HC Civil Revision No. 5 of 2018)
  • Kapeka Coffee Works Ltd v NPART (Court of Appeal Civil Appeal No. 3 of 2000)
  • Patrick Iyamuremye v Steven Kwingira and 3 Others (CS No. 118 of 2019)
  • Irene Damani and 2 Others v Damanico Properties Limited (HCMA No. 1074 of 2021)
  • Muhindo Sylvester v Kasese District Local Government (HCMA No. 31 of 2023)
  • Mbarara Municipal Council v Jetha Brothers Ltd (Supreme Court MA No. 10 of 2021)
  • Patflin v Ali and Others [2005] 1 EA 339
  • Uganda Development Bank v Kasirye Byaruhanga & Co Advocates (SCCA No. 35 of 1994)
  • Ismail Serugo v Kampala City Council and Attorney General (Supreme Court Constitutional Appeal No. 2 of 1998)
  • Auto Garage v Motokov (No. 3) [1971] EA 514
  • Uganda Aluminum Ltd v Restetuta Twinomugisha (Court of Appeal Civil Appeal No. 22 of 2000)
  • Attorney General v Tinyefuza (Constitutional Appeal No. 1 of 1997)

Full judgment

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

Mugerwa_and_6_Others_v_Ssemakula_(Miscellaneous_Application_2292_of_2021)_[2024]_UGHCLD_234_(2_October_2024)
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.