Uganda Case Law

Medi Vs Wandera

Medi Vs Wandera (Civil Appeal No. 102 of 2011) [2015] UGHCCD 137 (7 May 2015)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. 102 of 2011

Judge

Namundi, J

The High Court held that although the suit was improperly commenced by Notice of Motion rather than Plaint, this procedural defect did not occasion a miscarriage of justice because both parties were heard, evidence was adduced, and no prejudice was suffered. The court relied on the principle that substantive justice should not be defeated by technicalities, as enshrined in Article 126(2)(e) of the Constitution and affirmed by the Supreme Court in General Parts (U) Ltd. v. NPERT. On the merits, the court found that the trial Magistrate properly evaluated the evidence and correctly found a land…

Source excerpt

• Institution Of Suits
• Notice Of Motion Procedure
• Landlord Tenant Disputes
• General Damages Award

Edward Kakuba v Kamukama Steven and Anor (HCT-00-CC-MC 16 of 2007)

Edward Kakuba v Kamukama Steven and Anor (HCT-00-CC-MC 16 of 2007) [2007] UGCommC 80 (17 October 2007)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MC 16 of 2007

The High Court dismissed an application to transfer money from a bank account, holding that recovery of money must be brought by plaint, not notice of motion.

• Institution Of Suits
• Recovery Of Money
• Bank Account Disputes
• Civil-procedure
• Institution-of-suits
• Money-recovery