Wakilii

Nsubuga Bosco v Centenary Bank Ltd (Civil Suit No. 38 of 2008)

High Court · [2009] UGCOMMC 1 · 2009 Claim Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of money allegedly not credited to account
Decision
Claim dismissed with liberty to reissue upon production of satisfactory evidence

Observed later treatment

Cited — treatment unverified cited in 3 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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.

No adverse treatment recorded Cited 3 times with no adverse treatment recorded; not yet tested on the merits. Citations rising — 3 citing cases on record, 3 in the most recent three data years. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

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

Plaintiff's claim for recovery of USD 150,500 allegedly transmitted from Australia but not credited to his Centenary Bank account dismissed for failure to prove transmission. The two illegible documents produced were not reliable evidence. Court granted leave to reissue claim if satisfactory evidence of the transmission is subsequently produced.

Outcome

Claim dismissed with liberty to reissue upon production of satisfactory evidence

Facts

Plaintiff claimed USD 150,500 allegedly transmitted from Commonwealth Bank Australia by R.A. Richardson on 2 October 2006 was not credited to his account (No. 2520015270) at Centenary Bank, Entebbe Road branch. Plaintiff produced two illegible documents purporting to show transmission instructions dated 2 October 2006 and payment on 4 October 2006. Plaintiff was granted leave to amend claim from the original 300 million shillings. Defendant produced bank statements for plaintiff's account from 2002 to 2007 showing no credit of USD 150,500. Court ordered plaintiff to produce evidence that monies left payer's account and confirmation from Commonwealth Bank that monies were dispatched. No such evidence was produced.

Issues

  1. Whether the plaintiff proved that USD 150,500 was transmitted to his account at Centenary Bank.
  2. Whether illegible documents can constitute sufficient evidence of a bank transfer.

Orders

  • Plaintiff's claim dismissed with costs.
  • Leave granted to plaintiff to reissue claim if satisfactory evidence of monies sent is produced.

Rules and key headnotes

Evidence — Documentary Evidence — Illegible Documents — Admissibility and Weight
Illegible documents or documents that are not true copies of originals cannot form a reliable basis for a court's decision, and no reliance can be placed on them.
Banking — Recovery of Funds — Burden of Proof on Customer
A plaintiff claiming that funds were transmitted to their bank account but not credited bears the burden of proving that the monies actually left the payer's account and were dispatched to the plaintiff's account.
Civil Procedure — Dismissal of Claim — Liberty to Reissue
Where a claim is dismissed for lack of satisfactory evidence, the court may grant leave to the plaintiff to reissue the claim if such evidence is subsequently produced.

Cases citing this judgment (3)

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.

Full judgment

↓ Download PDF

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

Nsubuga Bosco v Centenary Bank Ltd (Civil Suit No. 38 of 2008) [2009] UGCommC 1 (7 January 2009)
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.