Wakilii

Wina T/A Wina Baligira Enterprises v Master Grain Milling Limited (Miscellaneous Application 44 of 2024)

High Court · [2025] UGHC 29 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appear and defend arising from summary suit in the High Court
Decision
Applicant granted unconditional leave to appear and defend Civil Suit No. 74 of 2024

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the applicant unconditional leave to appear and defend a summary suit. The court held that under Order 36, a defendant need not 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 subjected to trial. The applicant's denial of indebtedness and allegation that delivery notes were forgeries raised bona fide triable issues of fact and law sufficient to warrant leave to defend.

Outcome

Applicant granted unconditional leave to appear and defend Civil Suit No. 74 of 2024

Facts

The applicant was the defendant in Civil Suit No. 74 of 2024, a summary suit brought by the respondent. The respondent claimed that the applicant was indebted based on delivery notes dated 8th November 2023 and 8th December 2023. The applicant denied the debt entirely, alleging that the delivery notes attached to the affidavit were forgeries. The applicant further contended that it was actually the respondent who was indebted to her. The respondent was served with the Notice of Motion on 6th January 2025 but did not file an affidavit in reply.

Issues

  1. Whether the applicant satisfied the conditions for being granted leave to appear and defend a summary suit under Order 36 of the Civil Procedure Rules.

Orders

  • Application allowed.
  • Applicant granted unconditional leave to appear and defend Civil Suit No. 74 of 2024 before the High Court at Kasese in accordance with Order 36 Rule 8 of the Civil Procedure Rules.
  • Costs of this application shall abide in the cause.

Rules and key headnotes

Civil Procedure — Summary Suits — Leave to Appear and Defend — Test to be Applied
In applications for leave to appear and defend against a summary suit under Order 36 of the Civil Procedure Rules, the defendant is not bound to show a good defence on the merits but should satisfy the court that there is an issue or question in dispute which ought to be subjected to trial, and the court is not expected to adjudicate upon the issues at this stage.
Civil Procedure — Summary Suits — Leave to Defend — Triable Issues — Denial of Debt and Allegation of Forgery
A defendant's denial of indebtedness and allegation that key documents relied upon by the plaintiff are forgeries constitute bona fide triable issues of fact and law sufficient to warrant the grant of leave to appear and defend a summary suit.

Legislation cited (4)

Cases cited (2)

  • Hasmani v Banque du Congo Belgie [1938] 5 EACA 88
  • Amooti Maishara v Agumisiriza Jovia (Miscellaneous Application No. 13 of 2023)

Full judgment

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

Wina T_A Wina Baligira Enterprises v Master Grain Milling Limited (Miscellaneous Application 44 of 2024) [2025] UGHC 29 (28 January 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.