Kibulwe & Ors v Mbazzi & Ors (Originating Summons No. 10 of 2018)
Kibulwe & Ors v Mbazzi & Ors (Originating Summons No. 10 of 2018) [2018] UGHCFD 36 (19 September 2018)
The court held that while affidavits commissioned by an advocate who has been struck off the roll are defective, the applicants are protected by S.14A of the Advocates Act as amended by the Advocates (Amendment) Act, 2002. This provision ensures that no action taken by an advocate on behalf of a client shall be invalidated due to the advocate's lack of authority, and the client's case shall not be dismissed for such a reason. The applicants are therefore entitled to swear fresh affidavits before an authorized Commissioner for Oaths, provided the content remains unchanged. The preliminary obje…
Source excerpt
- Affidavit Validity
- Commissioner For Oaths
- Client Protection
- Administration Of Estates