Wakilii

Paul Estenson v Roko Construction Limited (CIVIL SUIT NO. 338 92)

High Court · [1992] UGHC 132 · 1992 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction to restrain eviction and seizure of property following termination of employment
Decision
Application dismissed with costs; applicant may file a fresh competent application

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application dismissed. Both the applicant's supporting affidavit and the respondent's affidavit in reply were struck out as defective. The applicant's affidavit lacked a date in contravention of Section 8 of the Oaths Act, rendering it incurably defective. The respondent's affidavit failed to disclose sources of information as required. Without a valid supporting affidavit, the application for temporary injunction failed.

Outcome

Application dismissed with costs; applicant may file a fresh competent application

Facts

The applicant, Paul Estenson, applied for a temporary injunction to restrain Roko Construction Ltd from evicting him from Plot 2B Mackenzie Vale, a residence provided during his employment, and from seizing a vehicle he had been using. On 20 May 1992, the applicant obtained an interim order restraining eviction and seizure. The application was heard on 15 June 1992 after the respondent filed an affidavit in reply. The applicant withdrew the claim regarding the vehicle, stating it had been repossessed. During the hearing, the court discovered that both the applicant's supporting affidavit and the respondent's affidavit in reply were defective.

Issues

  1. Whether the applicant's supporting affidavit was valid despite lacking a date in contravention of Section 8 of the Oaths Act.
  2. Whether the respondent's affidavit in reply was valid where it failed to disclose the source of information.

Orders

  • Application dismissed.
  • Both affidavits struck out as defective.
  • Costs awarded to the respondent.
  • Applicant not barred from filing a fresh competent application.

Rules and key headnotes

Affidavits — Requirements — Dating
An affidavit that is not dated contravenes Section 8 of the Oaths Act which requires that every Commissioner for Oaths shall state in the jurat at what place and on what date the oath or affidavit is taken or made, and is incurably defective.
Affidavit Evidence — Source of Information — Disclosure
Where an affidavit states that the deponent deposes from disclosed sources but fails to disclose those sources anywhere in the affidavit, the affidavit is defective.
Interlocutory Applications — Effect of Defective Affidavit
An application for temporary injunction that has no valid supporting affidavit due to defects in compliance with the Oaths Act must fail, but this does not bar the applicant from filing a fresh competent application.

Legislation cited (1)

  • Oaths Act Cap.52 s.8

Cases cited (2)

  • Teddy Namazzi v Anne Sibo (High Court Original Suit No. 74 of 1984)
  • East Mengo Growers Co-operative Union Ltd v Francis Nyangweso (High Court Civil Suit No. 892 of 1989)

Full judgment

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

Paul Estenson v Roko Construction Limited (CIVIL SUIT NO. 338_92) [1992] UGHC 132 (17 June 1992)
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.