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Civil Procedure [2024] UGCommC 114

Mugenyi v Velisa

Mugenyi v Velisa (Miscellaneous Application 1173 of 2022) [2024] UGCommC 114 (2 May 2024)

The court found that while the suit was not frivolous or vexatious, the Applicant demonstrated a good defense likely to succeed, as the property in question was registered to S & M Holdings Ltd and the intended lease agreement was to be executed between the Respondent and S & M Holdings Ltd, not the Applicant. The Respondent, being a Jamaican citizen residing in Tanzania with no known assets in Uganda, poses a significant risk that the Applicant would be unable to recover costs if successful in the main suit. The court, therefore, exercised its discretion under Order 26 rule 1 of the Civil Pr…

  • Security For Costs
  • Foreign Party Litigation
  • Breach Of Contract
  • Jurisdictional Challenges
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.