Wakilii

Rose Namukasa (Administrator of the Estate of the Late M.N. Sesiriya) v NCBA Bank Uganda Limited and 23 Others (Miscellaneous Application No. 1960 of 2024)

High Court · [2026] UGCOMMC 129 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for discovery arising from pending High Court civil suit concerning validity of mortgages and land transactions
Decision
Discovery application partly allowed. Specific documents ordered to be produced within 30 days. Request for entire loan application files refused as a fishing expedition.

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Holding

The court held that in an application for discovery under Order 10 Rule 12 of the Civil Procedure Rules, the information sought must be relevant and material to the case, not privileged, and within the respondent's possession, custody, control, or power. Discovery must be specific and not amount to a fishing expedition. The court granted discovery of loan agreements, credit committee minutes and reports, the bank statement of the 12th Respondent, the credit report from Creditinfo Uganda, proof of deposit of funds, and a loan agreement between the 14th and 24th Respondents, finding these documents relevant to the Applicant's challenge to the legality of mortgages and land transactions. The court refused discovery of the entire loan application files as too broad and akin to a fishing expedition.

Outcome

Discovery application partly allowed. Specific documents ordered to be produced within 30 days. Request for entire loan application files refused as a fishing expedition.

Facts

The Applicant, as administrator of an estate, has been in litigation since 2014 over land at Busambaga, Entebbe (Busiro FRV 1006 Folio 13) against the 12th Respondent. While that suit was active and subject to an injunction, the 1st Respondent (a bank) registered a new mortgage on the land in July 2018 as security for loans to the 12th Respondent totalling approximately UGX 1.5 billion. The bank advertised the land for sale in 2022 after alleged default. In September 2023, the 4th Respondent filed a separate suit claiming an interest in part of the land, and the parties to that suit entered a consent judgment allowing the 12th Respondent to sell the land by private treaty, with proceeds settling the bank's loan. The land was subsequently sold to the 14th Respondent, who subdivided and transferred portions to third parties. The Applicant filed the underlying suit (HCCS No. 564 of 2024) challenging the validity of the mortgages and land transactions, and brought this interlocutory application seeking discovery of loan documents, bank statements, sale agreements, and related materials to support that challenge.

Issues

  1. Whether the Applicant is entitled to discovery of loan agreements, bank statements, credit committee minutes, and related documents from the Respondents.
  2. Whether the documents sought are relevant and material to the main suit.
  3. Whether the discovery application amounts to a fishing expedition.
  4. Whether the Respondents have possession, custody, control, or power over the documents sought.

Orders

  • The 1st Respondent shall avail to the Applicant the loan agreements between the 1st and 12th Respondents in respect of loans of UGX 550,000,000 (2018), UGX 462,861,505 (2020), and UGX 463,044,948 (2021).
  • The 1st Respondent shall avail all minutes and reports of the respective credit committees that approved the loans.
  • The 1st Respondent shall avail the bank statement for the loan account of the 12th Respondent (A/C No. 202814200046).
  • The 4th and 14th Respondents shall avail proof of deposit of UGX 200,000,000 on the bank account of the 4th Respondent.
  • The 12th Respondent shall avail its credit report from Creditinfo Uganda Credit Reference Bureau and authorise the Bureau to provide a copy to the Applicant's lawyers.
  • The 24th Respondent shall avail the loan agreement between the 14th and 24th Respondents.
  • The above documents shall be made available to the Applicant within 30 days from the date of this ruling.
  • Application partly allowed.
  • Costs shall be in the cause.

Rules and key headnotes

Discovery — Relevance and Materiality
In an application for discovery under Order 10 Rule 12 of the Civil Procedure Rules, the information sought must be relevant and material to the case, must not be privileged or protected by law, and the documents must be in the respondent's possession, custody, control, or power.
Discovery — Specificity and Fishing Expeditions
Discovery must be specific, establish materiality, and precisely identify the documents sought. It does not permit general inspection of an adversary's records. Where an application is driven by hope that something will emerge or goes beyond the allegations in the pleadings to find random additional evidence, it amounts to a fishing expedition and will not be permitted.
Discovery — Loan Agreements and Credit Committee Minutes in Banking Disputes
Where the legality of loan transactions and mortgages is contested in a suit, loan agreements between the bank and the borrower, the minutes and reports of credit committees that approved the loans, and the bank statement of the borrower are relevant and material documents properly subject to discovery.
Discovery — Request for Entire Loan Files
A request for documents comprised in the entire loan application or loan files, without specification of particular documents, is overly broad, lacks the required specificity, and amounts to a fishing expedition that will not be granted.

Legislation cited (5)

Cases cited (5)

  • Mutesi v Attorney General (Miscellaneous Application No. 0912 of 2016)
  • Simbamayo Estates Limited and Another v Equity Bank Uganda Limited and 4 Others (Miscellaneous Application No. 538 of 2022)
  • Nadia Dimitrova Mileva v KCB (U) Limited (Miscellaneous Application No. 1194 of 2023)
  • Trupati Development Limited v KCB Bank (Miscellaneous Application No. 0707 of 2022)
  • John Kato v Muhlbauer AG & Another (Miscellaneous Application No. 175 of 2011)

Full judgment

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Rose Namukasa (Administrator of the Estate of the Late M.N. Sesiriya) v NCBA Bank Uganda Limited and 23 Others (Miscellaneous Application No. 1960 of 2024) [2026] UGCommC 129 (30 M
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.