EDCO v Serunjogi
EDCO v Serunjogi (Miscellaneous Application No. 391 of 2010) [2011] UGCommC 2001 (8 April 2011)
The court found that the applicant raised bona fide triable issues, specifically regarding the date of the commission agreement and whether the respondents introduced the buyer to the applicant. The existence of conflicting affidavits and documentary evidence on these points means that the facts cannot be determined at the summary judgment stage. The court held that these matters require judicial consideration in a full trial. Accordingly, unconditional leave to defend the suit is granted, subject to the condition that Mr. Evarist Turyakira is made a party to the main suit, so that the truth…
Source excerpt
- Summary Judgment
- Commission Agreements
- Triable Issue Standard
- Brokerage Fee Disputes