Wakilii

Turyasingura Gift v St Peter's Senior Secondary School (Miscellaneous Application No. 341 of 2025)

High Court · [2025] UGHCCD 215 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out written statement of defence arising from civil suit for unlawful suspension and constructive dismissal
Decision
Application to strike out written statement of defence dismissed

Observed later treatment

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Holding

The High Court dismissed an application to strike out a written statement of defence. The court held that a defendant is required to respond to points of substance in the statement of claim, not each and every point raised. Where the defendant denied the existence of a contract of service and denied issuing a comfort letter, this constituted a sufficient adverse answer to the main allegations in the plaint. The defence was not a general denial, evasive, or frivolous, and the discretion to strike out pleadings should only be exercised in plain and obvious cases.

Outcome

Application to strike out written statement of defence dismissed

Facts

The applicant filed Civil Suit No. 149 of 2025 against the respondent school for unlawful suspension and constructive dismissal, seeking a declaration that a salary loan be paid by the respondent. The applicant alleged he was appointed deputy head teacher in September 2022, promoted to head teacher in June 2023, took a salary loan of UGX 35,000,000 in October 2023, and was subsequently suspended in January 2025 after being accused of serious misconduct. The respondent filed a written statement of defence on 28 April 2025 denying the existence of a contract of service and denying that it issued a comfort letter for the loan. The applicant brought a miscellaneous application seeking to strike out the defence on grounds that it made general denials, was evasive, disclosed no reasonable defence, and was frivolous and vexatious.

Issues

  1. Whether the respondent's written statement of defence should be struck out for making general denials contrary to Order 6 Rule 8 of the Civil Procedure Rules.
  2. Whether the respondent's written statement of defence constitutes an evasive denial under Order 6 Rule 10 of the Civil Procedure Rules.
  3. Whether the respondent's written statement of defence discloses a reasonable defence to the applicant's claim.
  4. Whether the respondent's written statement of defence is frivolous, vexatious and an abuse of court process.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Pleadings — Written Statement of Defence — Requirement to Deal Specifically with Allegations
Order 6 Rule 8 of the Civil Procedure Rules requires a defendant to deal specifically with each allegation of fact in the statement of claim, but this does not mean the defendant must address each and every point raised; it is sufficient to respond to the main allegations which are the foundation of the action and the points of substance.
Civil Procedure — Pleadings — Evasive Denial — Point of Substance
Under Order 6 Rule 10 of the Civil Procedure Rules, when a party denies an allegation of fact, the denial must not be evasive but must answer the point of substance, meaning the real gist and meaning of the allegation traversed as distinct from details which are comparatively immaterial.
Civil Procedure — Striking Out Pleadings — Discretion of Court — Plain and Obvious Cases
The discretion to strike out pleadings under Order 6 Rule 30 of the Civil Procedure Rules should only be exercised in plain and obvious cases where the pleading is insufficient even if proved to entitle the party to the relief sought, and the court must look at the pleadings alone and any subsequent affidavits.
Civil Procedure — Defence — Adverse Answer — Sufficiency
A defence is an adverse answer to the claim of the plaintiff constituting issues that must be decided by court; where a defendant denies the existence of a contract of service and denies issuing a comfort letter, this constitutes a sufficient adverse answer to the main allegations and is not a general or evasive denial warranting striking out.

Legislation cited (17)

Cases cited (7)

  • Nile Bank Ltd and Another v Thomas Kato and Others (HCMA No. 1190 of 1999)
  • Namadashaker Manishanker Joshi v Uganda Sugar Factory Ltd (Civil Appeal No. 16 of 1968)
  • Thorp Vs Holdsworth (1876) 3 DC 637 at 640
  • Libyan Arab Uganda Bank v Messers Intrepco Ltd [1985] HCB 73
  • Hubbuck and Sons Ltd versus Wilkinson Heywood and Clerk Ltd (1899) 1 Q.B. 89
  • Byaruhanga Africano v Uganda Electricity Distribution Co. Ltd (HCMA No. 67 of 2022)
  • All Ports Freight Services (U) Ltd v Julius Kamanyi & Anor [1996] V KALR 15

Full judgment

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Turyasingura Gift v St Peter's Senior Secondary School (Miscellaneous Application No. 341 of 2025) [2025] UGHCCD 215 (28 November 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.