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Wasirwa Emmy and Another v Equity Bank Uganda Limited (Civil Suit No. 0641 of 2024; Miscellaneous Application No. 1474 of 2024)

High Court · [2025] UGCOMMC 414 · 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 in summary suit proceedings
Decision
Applicants granted leave to defend; matter to proceed to trial

Observed later treatment

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Holding

The court granted unconditional leave to appear and defend where the applicants raised triable issues of fact regarding alleged full settlement of a loan facility and disputed indebtedness. The court held that contentions about payment of the loan amount and disputes over restructuring terms constitute bona fide triable issues that must be determined at trial, not at the leave stage.

Outcome

Applicants granted leave to defend; matter to proceed to trial

Facts

The respondent bank filed a summary suit against the applicants for recovery of a loan facility of UGX 750,000,000. The 1st applicant contended that the full loan amount had been settled but the bank continued to charge dubious and excessive interest and penalties. The respondent claimed that on 4 May 2020, the facility was restructured with the 1st applicant indebted to UGX 669,273,285 at the time of restructure. The applicants applied for unconditional leave to appear and defend, asserting they were not indebted to the respondent and disputing the alleged restructuring of the loan facility.

Issues

  1. Whether the application raises triable issues.
  2. What remedies are available?

Orders

  • Application allowed.
  • Applicants granted unconditional leave to appear and defend in Civil Suit No. 0641 of 2024.
  • Applicants to file written statement of defence within 10 days from the date of this order.
  • Costs of the application to be in the cause.

Rules and key headnotes

Civil Procedure — Summary Suit — Leave to Defend — Test for Granting Leave
In an application for leave to appear and defend a summary suit under Order 36 of the Civil Procedure Rules, the applicant must show by affidavit that there is a bona fide triable issue of fact or law, and the court is not required to determine the merits of the case at this stage.
Civil Procedure — Summary Suit — Leave to Defend — Standard of Proof
A defendant seeking leave to defend 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, and the court shall not enter upon the trial of issues disclosed at the leave stage.
Banking & Finance — Loan Recovery — Disputed Indebtedness as Triable Issue
Where a borrower contends that a loan facility has been fully settled and disputes the bank's claim of continuing indebtedness based on alleged excessive interest and penalties, such contentions raise triable issues of fact that warrant granting leave to defend.

Legislation cited (5)

Cases cited (3)

Full judgment

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

Wasirwa Emmy and Another v Equity Bank Uganda Limited (Civil Suit No. 0641 of 2024; Miscellaneous Application No. 1474 of 2024) [2025] UGCommC 414 (11 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.