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Uganda decisions
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CTM Uganda Ltd & 2 Ors v Allmuss Properties Uganda & 3 Ors (Miscellaneous Application No. 904 of 2015) [2017] UGCommC 126 (25 October 2017)
The High Court dismissed an application to set aside a consent judgment, holding that Gregory Magezi had authority to bind the company and no fraud was proved.
Navichandra v Kakubhai Kalidas & Co. Limited (Civil Appeal 10 of 1994) [1995] UGSC 32 (16 June 1995)
The Supreme Court held that the question of whether the respondent's advocates had authority to institute the suit was a matter of evidence and could not be determined at the preliminary stage based solely on assertions in pleadings and statements at the bar. The burden of proof lay on the appellant to establish lack of authority, which he failed to do. The trial judge was correct to overrule the preliminary objection, as lack of authority did not plainly appear and could only be resolved after hearing relevant evidence. The attempt to introduce fresh evidence on appeal was inadmissible. The…
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