Ssozi Vs Post Bank Uganda Limited
Ssozi Vs Post Bank Uganda Limited (Civil Appeal No. 12 of 2010) [2015] UGCA 53 (1 July 2015)
The Court of Appeal held that the claim brought by the respondent included allegations of fraud, which cannot be resolved under summary procedure as provided by Order 36 of the Civil Procedure Rules. Such claims require a full trial with proper pleadings and evidence, not mere affidavit evidence. The trial judge erred in entertaining the claim under summary procedure and entering judgment in favour of the respondent. The plaint was incompetent and should have been struck out. Consequently, the appeal was allowed, the High Court's ruling and orders were set aside, and the plaint was struck out.
Source excerpt
- Summary Procedure
- Default Judgment
- Setting Aside Ex Parte Decree
- Fraud In Contract
- Competency Of Pleadings