Noble Builders (U) Limited and Anor v Jabal Singh Sandhu
Noble Builders (U) Limited and Anor v Jabal Singh Sandhu (Civil Application 15 of 2002) [2004] UGSC 12 (3 March 2004)
The court held that the applicants had shown sufficient cause for requiring further security for costs. The respondent is a foreigner resident in Canada with no assets in Uganda, and the risk of non-recovery of costs is real. The respondent did not provide evidence that Ugandan judgments are readily enforceable in Canada, nor that reciprocal enforcement provisions apply. The court distinguished English authorities cited by the respondent, noting that the circumstances and statutory frameworks differ. The rationale for security for costs is to protect a successful party from real difficulty in…
Source excerpt
- Security For Costs
- Foreign Party Enforcement
- Appeal Costs
- Discretionary Orders