Wakilii

Sam Lugobe Sebakijje v Kato William [2026] UGHC 302

High Court · 2026 Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Objection to admissibility of Affidavit in Surrejoinder filed without leave of court in application for stay of execution
Decision
Objection dismissed; Affidavit in Surrejoinder admitted on record

Observed later treatment

No later-treatment classification is recorded for this judgment.

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.

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

The court held that while the Respondent failed to obtain prior leave by summons in chambers before filing an Affidavit in Surrejoinder as required under Order 8 rule 11(3) of the Civil Procedure Rules, the procedural irregularity was curable and not fatal. The affidavit was filed in response to new matters raised by the Applicant in his Affidavit in Rejoinder, specifically the denial of ownership of the kibanja subject to execution. In the interests of justice and fairness, and guided by the constitutional imperative to administer substantive justice without undue regard to technicalities, the court exercised its discretion to admit the affidavit on record.

Outcome

Objection dismissed; Affidavit in Surrejoinder admitted on record

Facts

The Applicant sought a stay of execution in respect of taxed costs arising from earlier proceedings. Execution had culminated in the sale of a kibanja on Mailo land. The Respondent filed an Affidavit in Reply asserting execution had been carried out. The Applicant filed an Affidavit in Rejoinder denying ownership of the kibanja. The Respondent then filed an Affidavit in Surrejoinder without leave of court to clarify ownership and correct an alleged typographical error in the land description (Block 67 should have been Block 670). The Applicant objected to the Affidavit in Surrejoinder on the ground it was filed without leave contrary to Order 8 rule 11(3) of the Civil Procedure Rules.

Issues

  1. Whether the Respondent's Affidavit in Surrejoinder, filed without prior leave of court, should be admitted on record.

Orders

  • The objection to the Affidavit in Surrejoinder is overruled.
  • The Affidavit in Surrejoinder is admitted on record.
  • Costs of the objection shall abide the outcome of the main application.

Rules and key headnotes

Civil Procedure — Affidavits — Surrejoinder — Leave of Court Required
Order 8 rule 11(3) of the Civil Procedure Rules prohibits the filing of any affidavit after a rejoinder except with leave of court, which must be sought by summons in chambers under Order 8 rule 20.
Civil Procedure — Procedural Irregularity — Distinction from Illegality — Curable Defects
Not every procedural irregularity renders proceedings a nullity; whereas an illegality is incurable, an irregularity may be waived or cured in the interests of justice, and rules of procedure are handmaidens of justice that should not defeat substantive rights.
Civil Procedure — Affidavits — Surrejoinder — Admission Where New Matters Raised
Where a party raises new and material issues in an Affidavit in Rejoinder, fairness and the constitutional right to be heard require that the opposing party be afforded an opportunity to respond, and the court may exercise its discretion to admit an Affidavit in Surrejoinder filed without prior leave where it responds to such new matters and is necessary for just determination.

Legislation cited (5)

Cases cited (2)

  • Makula International Ltd v His Eminence Cardinal Nsubuga & Another [1982] HCB 11
  • Banco Arabe Espanol v Bank of Uganda (Supreme Court Civil Appeal No. 23 of 1992)

Full judgment

↓ Download PDF

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

Sam Lugobe Sebakijje v Kato William 2026 UGHC 302 (29 March 2026)
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.