Uganda Case Law

Banco Arabe Espanol v Bank Of Uganda

Banco Arabe Espanol v Bank Of Uganda (Civil Appeal 8 of 1998) [1999] UGSC 24 (15 February 1999)

Court

Supreme Court of Uganda

Case number

Civil Appeal 8 of 1998

Judge

Oder, JSC, Karokora, JSC, Mulenga, JSC, Kanyeihamba, JSC, Mukasa-Kikonyogo, JSC

The Supreme Court found that the Court of Appeal failed in its duty as the first appellate court to properly re-evaluate the evidence and wrongly interfered with the trial judge's exercise of discretion. The appellant's failure to deposit cash as security for costs was due to a mistaken belief by counsel that a bank guarantee would suffice and bureaucratic delays in international money transfer, both of which, on the facts and supported by affidavit evidence, constituted sufficient cause. The respondent's affidavit in opposition was defective and did not adequately rebut the appellant's evide…

Source excerpt

• Security For Costs
• Judicial Discretion
• Reinstatement Of Dismissed Suit
• Appellate Review
• International Money Transfer
• Mistake By Counsel