Magembe David v Ssemaganda Wilber
Magembe David v Ssemaganda Wilber (Miscellaneous Application No. 1052 of 2024) [2025] UGHCCD 59 (15 May 2025)
The applicant failed to demonstrate any bonafide triable issue of fact or law to justify leave to appear and defend the summary suit. Both parties admit the existence of two land sale agreements and the payment of UGX 65,000,000, but the applicant was neither the owner nor in possession of the land sold. The respondent's claim is for a liquidated sum, and the applicant's assertions are adequately answered by the evidence. The court cannot ignore the illegality of selling land not owned by the seller. Allowing the applicant to defend would be a waste of judicial resources and an abuse of proce…
Source excerpt
- Summary Suit Procedure
- Leave To Defend
- Liquidated Claims
- Contract Breach
- Illegality In Land Sale