Uganda Case Law

Nile Bank Ltd and Anor v Thomas Kato and Ors - (High Court Miscellaneous Application No. 1190 of 1999)

Nile Bank Ltd and Anor v Thomas Kato and Ors - (High Court Miscellaneous Application No. 1190 of 1999) [2000] UGCommC 5 (29 August 2000)

Court

Commercial Court of Uganda

Case number

High Court Miscellaneous Application No. 1190 of 1999

The court found that the written statement of defence filed by the defendants was a general denial and failed to specifically address the factual allegations in the plaint, thereby offending Order 6 rule 7 of the Civil Procedure Rules. The purported defence of illegality was not properly pleaded, as it did not specify the facts or statutory provisions allegedly breached, contrary to Order 6 rule 5. The alternative defences raised were either legally meaningless or contradicted by documentary evidence attached to the plaint. The court emphasized that pleadings must clearly set out the issues f…

Source excerpt

• Contract Breach
• Indemnity Clauses
• Pleadings Requirements
• Illegality Of Contracts

Roadway Motors Limited v Ahluwalia

Roadway Motors Limited v Ahluwalia (Civil Appeal No. 4 of 1940) [1940] EACA 3 (1 January 1940)

Court

East African Court of Appeal

Case number

Civil Appeal No. 4 of 1940

Judge

Sheridan CJ, Webb CJ, Whitley CJ

The Court of Appeal set aside a costs order on an amendment application, holding that only costs thrown away by the amendment should be paid.

• Amendment Of Pleadings
• Costs Orders
• Hire Purchase Agreements
• Indemnity Clauses
• Trusts In Commercial Context
• Amendment-of-pleadings