UAP Insurance Uganda Limited v National Housing and Construction Company Limited
UAP Insurance Uganda Limited v National Housing and Construction Company Limited (Civil Appeal No. 80 of 2015) [2023] UGCA 94 (15 March 2023)
The Court of Appeal held that once the trial Judge identified triable issues regarding the status and enforceability of the performance bond and the allegation of fraud, the only proper course was to grant the appellant leave to appear and defend the suit. Resolving those issues summarily without permitting the appellant to adduce evidence and defend itself amounted to a denial of the right to be heard. The appellate court emphasized that the existence of triable issues, regardless of their eventual outcome, necessitates a full hearing on the merits. Accordingly, the appeal was allowed, the H…
Source excerpt
- Performance Bonds
- Summary Procedure
- Leave To Defend
- Fraud In Commercial Contracts
- Guarantees And Sureties