Wakilii

Samanga Solutions Limited v William Fredrick Blick (Miscellaneous Application No. 1738 of 2024)

High Court · [2025] UGCOMMC 380 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for unconditional leave to appear and defend arising from a summary suit for recovery of commission
Decision
Applicant granted unconditional leave to defend the main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted unconditional leave to appear and defend in a summary suit where the applicant raised a triable issue concerning the existence and authenticity of a commission agreement. The court held that allegations of forgery and fraud constitute serious triable issues of fact requiring full trial, and that the court should not determine merits at the leave stage.

Outcome

Applicant granted unconditional leave to defend the main suit

Facts

The Respondent instituted a summary suit claiming UGX 216,851,060 as commission allegedly owed under a commission agreement dated 6 June 2017. The Respondent claimed he introduced the Applicant's communication products to Uganda Police Force, which subsequently procured equipment worth UGX 2,165,851,059 from the Applicant around 2021. The Applicant denied executing any commission agreement, alleging the document was a forgery, and contended it secured the Uganda Police Force contract independently through a formal bidding process after a change in leadership. The Applicant filed this application seeking leave to appear and defend, raising allegations of fraud and forgery.

Issues

  1. Whether the Applicant has disclosed sufficient grounds for the reliefs sought?
  2. What remedies are available to the parties?

Orders

  • Application allowed.
  • The Applicant is granted unconditional leave to appear and defend in Civil Suit No. 0922 of 2024.
  • The Applicant shall file a written statement of defence within 10 days from the date of this order.
  • The costs of this application shall be in the cause.

Rules and key headnotes

Civil Procedure — Summary Procedure — Leave to Defend — Test for Granting Leave
Before leave to appear and defend is granted under Order 36 of the Civil Procedure Rules, the defendant must show by affidavit that there is a bona fide triable issue of fact or law. The defendant is not bound to show a good defence on the merits but must satisfy the court that there is an issue or question in dispute which ought to be tried.
Civil Procedure — Summary Procedure — Triable Issues — Disputes of Fact
A contention as to whether parties executed a written agreement is a question of fact which must be investigated by the court at trial. The court is not required to determine the merits of the case at the leave stage.
Civil Procedure — Summary Procedure — Fraud and Forgery — Effect on Leave Application
A counterclaim based on allegations of fraud and forgery poses a serious triable issue of fact and constitutes reasonable grounds for a bona fide defence, warranting the grant of unconditional leave to defend.

Legislation cited (4)

Cases cited (5)

Full judgment

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

Samanga Solutions Limited v William Fredrick Blick (Miscellaneous Application No. 1738 of 2024) [2025] UGCommC 380 (15 October 2025)
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.