China Railway No. 3 Engineering Company Limited v Prof . Gakwandi
China Railway No. 3 Engineering Company Limited v Prof . Gakwandi (Miscellaneous Application 25 of 2023) [2023] UGHCCD 217 (8 June 2023)
The court found that the omission to mark the annexures to the applicant's affidavit was a minor technicality, curable under Article 126(2)(e) of the Constitution, as the documents were referenced and identifiable. The court held that, since the main suit had already been instituted, auxiliary applications such as the present one did not require a fresh company resolution. The Health, Safety and Environment officer was deemed a principal officer competent to depose the affidavit. On the substantive issue, the court exercised its discretion under Order 18 rule 13 of the Civil Procedure Rules a…
Source excerpt
- Recall Of Witness
- Affidavit Defects
- Company Authorization
- Cross Examination
- Ownership Of Land