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Nelson Kawalya v Sebanakitta Hamis (Civil Miscellaneous Application No. 1534 of 2020) [2021] UGHCLD 78 (13 April 2021)
The High Court dismissed an application to strike out a defence in a land dispute, finding the pleadings raised triable issues that required full trial.
MHK Engineering Services (U) Ltd v Mgcdowell Ltd (Miscellaneous Civil Application No. 825 of 2018) [2020] UGCommC 30 (18 September 2020)
The court found that the Written Statement of Defence filed by the Respondent consisted of general and evasive denials, failing to specifically address the allegations in the plaint and lacking particulars or evidence of payments. This contravened the mandatory requirements of Order 6 Rules 8 and 10 of the Civil Procedure Rules, which require specific traverses and substantive answers to allegations. The WSD did not disclose a reasonable answer to the Applicant's claim and was deemed frivolous and vexatious under Order 6 Rule 30(1). Furthermore, the affidavit in reply filed by the Respondent…
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