Uganda Case Law

Kayondo Joseph Asimwe v Azaan Trading Co. Limited

Kayondo Joseph Asimwe v Azaan Trading Co. Limited (Miscellaneous Application 569 of 2022) [2025] UGCommC 111 (16 May 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 569 of 2022

Judge

Susan Odongo, J

The court found that the affidavits in support of the application were competent, as they were sworn by individuals with direct knowledge of the circumstances leading to the non-appearance, namely the advocate and the clerk. The applicant was not in a position to depone the affidavit as he lacked direct knowledge of the miscommunication between counsel and the court. The court held that the applicant had demonstrated sufficient cause for non-appearance, as there was no evidence that the applicant or his counsel were notified of the hearing dates. The court emphasized that mistakes or lapses b…

Source excerpt

• Setting Aside Dismissal
• Reinstatement Of Suit
• Sufficient Cause
• Affidavit Validity
• Breach Of Contract

Kyenjojo District Local Government v Mukondere and 12 Others

Kyenjojo District Local Government v Mukondere and 12 Others (Miscellaneous Application 57 of 2024) [2024] UGHC 1043 (17 October 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 57 of 2024

Judge

Wagona, J

The High Court of Uganda at Fort Portal set aside a default judgment and allowed Kyenjojo District Local Government to file a defense out of time.

• Setting Aside Default Judgment
• Leave To File Defense Out Of Time
• Service Of Process
• Public Service Recruitment
• Affidavit Validity
• Setting-aside-default-judgment

Muwanga v Sun

Muwanga v Sun (Miscellaneous Application 129 of 2019) [2024] UGHC 618 (3 July 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 129 of 2019

Judge

Bukirwa, J

The court held that Regulation 9 of the Advocates (Professional Conduct) Regulations is directed at individual advocates and not law firms. Where an advocate swears an affidavit and is thereby a potential witness in a contentious matter, only that advocate is barred from representing the client in the same matter; the conflict does not extend to other members of the law firm. The affidavit sworn by the advocate is not defective or inadmissible solely on this basis. The preliminary objection that the entire law firm is conflicted and the affidavit is defective was therefore overruled.

Source excerpt

• Advocate Conflict Of Interest
• Affidavit Validity
• Professional Conduct Regulation

Kamanzi v Director of CID and 2 Others

Kamanzi v Director of CID and 2 Others (Miscellaneous Cause 41 of 2023) [2024] UGHC 552 (28 June 2024)

Court

High Court of Uganda

Case number

Miscellaneous Cause 41 of 2023

Judge

Allan Nshimye, J

The High Court struck out invalid respondent affidavits but dismissed this judicial review application as time-barred, holding that time ran from the DPP’s sanctioning of charges.

• Judicial Review
• Time Bar
• Affidavit Validity
• Prosecution Decisions
• Judicial-review
• Time-bar

Businge v Kirungi

Businge v Kirungi (Miscellaneous Application 51 of 2023) [2024] UGHCCD 45 (28 March 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 51 of 2023

Judge

Boniface Wamala, J

The court found that the applicant's denial of receiving the alleged loan amount, supported by affidavit evidence and the assertion that the loan agreement was cancelled, raised bona fide triable issues of fact and law. The existence of conflicting accounts regarding payment and cancellation of the agreement, as well as the lack of documentary evidence of payment, constituted matters requiring adjudication at trial. The court held that the applicant is entitled to unconditional leave to appear and defend the summary suit, as the threshold for disclosure of a bona fide defence was met. The bur…

Source excerpt

• Summary Suit Procedure
• Leave To Defend
• Triable Issues
• Affidavit Validity
• Burden Of Proof

Kamugisha Anatoli and Anna Kamugisha v H & L Exporters (U) Ltd

Kamugisha Anatoli and Anna Kamugisha v H & L Exporters (U) Ltd (Miscellaneous Application 2034 of 2023) [2023] UGCommC 127 (13 October 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2034 of 2023

Judge

Tumusiime Rubagumya, J

The Court found that the 2nd Applicant, under cross-examination, admitted she did not appear before the Commissioner for Oaths when deponing her affidavit. The law requires a deponent to personally appear before the Commissioner for Oaths and take oath on the affidavit's contents. The Court held that failure to comply with this mandatory requirement renders the affidavit invalid and unlawful. Since the application was supported by only this defective affidavit, it was left unsupported by evidence. The Court further held that such a defect is not a mere technicality that can be cured under Art…

Source excerpt

• Affidavit Validity
• Commissioner For Oaths
• Preliminary Objection
• Stay Of Execution

Muwonge v Musoke & Another

Muwonge v Musoke & Another (Miscellaneous Application 42 of 2022) [2023] UGHC 386 (7 September 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 42 of 2022

Judge

Katamba Nkwanga, J

The High Court of Uganda at Masaka dismissed an application to set aside dismissal of a suit after finding the supporting affidavit was fatally defective.

• Setting Aside Dismissal
• Affidavit Validity
• Professional Conduct Of Advocates
• Setting-aside-dismissal
• Affidavit-validity
• Advocate-professional-conduct

Abaho & 4 Others v Rwabushaija & 22 Others

Abaho & 4 Others v Rwabushaija & 22 Others (Miscellaneous Application 258 of 2022) [2023] UGHC 415 (11 August 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 258 of 2022

Judge

Katamba Nkwanga, J

The court found that the affidavit in support of the application was incurably defective because it was sworn by Bagambe Gordon under powers of attorney delegated by the first applicant, who was acting as administrator of the estate. Section 264 of the Succession Act prohibits delegation of authority derived from letters of administration, and only the holder of such letters may act on behalf of the estate in litigation. As the only affidavit in support was invalid, the application was unsupported and could not stand. The preliminary objection was upheld, and the application was dismissed wit…

Source excerpt

• Setting Aside Dismissal
• Powers Of Attorney
• Affidavit Validity
• Estate Administration
• Title Cancellation

Nakanjako & Another v Tamale & 3 Others

Nakanjako & Another v Tamale & 3 Others (Miscellaneous Application 124 of 2022) [2023] UGHC 403 (7 August 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 124 of 2022

Judge

Katamba Nkwanga, J

The court found that the affidavit in support of the application was invalid because the deponent did not appear before a Commissioner of Oaths as required by law. The evidence from cross-examination established that the deponent only signed the affidavit in her lawyer's office and did not meet the Commissioner of Oaths or the translator. The presence of signatures and seals on the affidavit did not cure this defect. The court held that compliance with the Oaths Act and the Commissioner of Oaths Rules is mandatory, and failure to do so renders the affidavit inadmissible. Since the application…

Source excerpt

• Affidavit Validity
• Commissioner Of Oaths Requirements
• Locus Standi
• Contempt Of Court

Ebinu v Ejumu

Ebinu v Ejumu (Miscellaneous Application 166 of 2023) [2023] UGHCCD 235 (12 July 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 166 of 2023

Judge

Adonyo, J

The High Court held that time spent waiting for certified proceedings is excluded under section 79(2), so the appeal was not out of time and the strike-out motion failed.

• Appeal Limitation Period
• Exclusion Of Time For Record Preparation
• Memorandum Of Appeal Requirements
• Land Claim Appeal
• Affidavit Validity
• Appeal-limitation-period