Ndyowayesu v Serubiri
Ndyowayesu v Serubiri (Civil Appeal 15 of 2021) [2024] UGHCCD 205 (19 December 2024)
The appellate court found that the appellant admitted to issuing the cheques and failed to substantiate his claim that they were for commission rather than a loan. The sums involved and the evidence presented were consistent with a friendly loan, not a brokerage arrangement. The absence of a written contract did not invalidate the agreement, as all elements of a valid contract were satisfied and the requirement for writing was directory, not mandatory. The dishonour of the cheques established the respondent's right to recover the sums under the Bills of Exchange Act. The trial Magistrate's fi…
Source excerpt
- Summary Procedure
- Bills Of Exchange
- Cheque Dishonour
- Interest Award
- Contract Formality