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Uganda decisions
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Alcon International Ltd v National Social Security Fund (Miscellaneous Application No. 509 of 2014) [2017] UGCommC 124 (27 October 2017)
The High Court dismissed Alcon International Ltd’s application to amend a plaint, holding the proposed amendment would change the cause of action and promote illegality.
Ssozi Vs Post Bank Uganda Limited (Civil Appeal No. 12 of 2010) [2015] UGCA 53 (1 July 2015)
The Court of Appeal held that the claim brought by the respondent included allegations of fraud, which cannot be resolved under summary procedure as provided by Order 36 of the Civil Procedure Rules. Such claims require a full trial with proper pleadings and evidence, not mere affidavit evidence. The trial judge erred in entertaining the claim under summary procedure and entering judgment in favour of the respondent. The plaint was incompetent and should have been struck out. Consequently, the appeal was allowed, the High Court's ruling and orders were set aside, and the plaint was struck out.
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