Wakilii

Nalwoga v Edco Limited & 2 Ors (Revision Cause No. 05 of 2012)

High Court · [2012] UGHC 261 · 2012 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Revision application seeking to set aside judgment in Civil Suit No. 384 of 2008 from the Chief Magistrate's Court and stay of execution
Decision
Application dismissed for being supported by affidavit containing falsehoods

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court found that the applicant's supporting affidavit contained a falsehood regarding her physical possession of the suit land, which was rebutted by respondents' affidavit evidence and not contradicted in rejoinder. Following established principle that an application supported by a false affidavit cannot succeed, the court struck out the supporting affidavit. The notice of motion, being unsupported by evidence, was dismissed with costs.

Outcome

Application dismissed for being supported by affidavit containing falsehoods

Facts

The applicant, claiming to be a daughter and beneficiary of the late Michael Weraga, sought revision of judgment in Civil Suit No. 384 of 2008 concerning kibanja land in Busiro Block 452 Plot 27 at Ntambo. She averred she was in physical possession of the suit land with a residential house and that the respondents sought to evict her based on the earlier judgment despite her occupation. The respondents filed affidavits in reply through Joseph Musoke (LC1 Chairman) and Patrick Tumwine (1st respondent's Director) denying that the applicant was in physical possession or occupation of the suit land. The LC1 Chairman stated he had been chairman since 1996, knew all residents, and that while some relatives of the late Weraga occupied the kibanja, the applicant specifically had never been in possession. The applicant in rejoinder claimed the respondents had admitted her occupation, but the court found no such admission in the respondents' affidavits.

Issues

  1. Whether the applicant's supporting affidavit contained a falsehood that would render it suspect and warrant striking it out.
  2. Whether the applicant was in physical possession of the suit land as averred in her supporting affidavit.

Orders

  • Applicant's supporting affidavit struck out for containing falsehoods.
  • Notice of Motion dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Affidavits — False Affidavits — Effect on Application
An application supported by a false affidavit is bound to fail because the applicant does not come to court with clean hands and tell the truth. Once an affidavit contains falsehoods in one part, the whole affidavit becomes suspect and must be struck out.
Evidence — Affidavit Evidence — Rebuttal — Burden to Respond
Where a party's averments in a supporting affidavit are rebutted by the opposing party's affidavit in reply, the original deponent must address the rebuttal in their affidavit in rejoinder. Failure to rebut contradictory evidence renders the original averment unreliable and potentially false.
Civil Procedure — Notice of Motion — Supporting Affidavit Required
A notice of motion cannot stand on its own without a supporting affidavit. Where the supporting affidavit is struck out for containing falsehoods, the notice of motion must be dismissed.

Legislation cited (7)

Cases cited (4)

  • Bitaitana v Kananura [1977] HCB 34
  • Nathan Katamba v Stephen Kabigyema [2000] KALR 777
  • Joseph Mulenga v Photo Focus (U) Ltd [1996] VI KALR 19
  • Anthony Okello v Ojok B'leo and Others (Miscellaneous Application No. 26 of 2006)

Full judgment

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

Nalwoga v Edco Limited & 2 Ors (Revision Cause No. 05 of 2012) [2012] UGHC 261 (29 November 2012)
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.