Zalwango & anor v Walusimbi & anor (Originating Summons No. 03 of 2013)
Zalwango & anor v Walusimbi & anor (Originating Summons No. 03 of 2013) [2014] UGHC 9 (11 February 2014)
The court held that the dispute between the parties is highly contentious, involving complex factual issues regarding the rightful administrators and beneficiaries of the estates in question. Such matters require comprehensive evidence, including oral testimony, which cannot be adequately addressed through affidavit evidence alone as required by the Originating Summons procedure. The authorities cited establish that Originating Summons is only appropriate for simple, uncontested matters. Therefore, the use of Originating Summons in this case was procedurally improper. The court upheld the pre…
Source excerpt
- Originating Summons
- Preliminary Objections
- Contentious Matters
- Affidavit Evidence