Abdu Kikomeko v Aisa Nalweyiso & Anor (Misc. Appl. No. 1274 of 1999)
Abdu Kikomeko v Aisa Nalweyiso & Anor (Misc. Appl. No. 1274 of 1999) [2000] UGHC 7 (7 March 2000)
The court held that the application was fundamentally defective because it was not accompanied by an affidavit as required by Order 34 rule 7 of the Civil Procedure Rules. Instead, the applicant's counsel attached a document titled 'Affirmation' to the originating summons, which does not satisfy the legal requirement for an affidavit. The affidavit is the bedrock of such an application, and its absence is a fatal defect that cannot be cured. Consequently, the application was struck out for non-compliance with the mandatory procedural requirements.
Source excerpt
- Originating Summons
- Vesting Order
- Transfer Of Land
- Estate Succession