Agaba & Another v Wekesa
Agaba & Another v Wekesa (Miscellaneous Application 13 of 2024) [2024] UGHC 1102 (10 December 2024)
The court found that the Applicants had demonstrated a prima facie defence to the main suit, including arguments based on limitation and lack of legal nexus, which were not adequately rebutted by the Respondent. The Respondent, being a foreigner with no assets in Uganda, posed a real risk that the Applicants would be unable to recover costs if successful. The court held that, in the interests of justice and given the passage of time since the alleged fraud, it was just and fair to require the Respondent to provide security for costs. The court exercised its discretion judiciously, balancing t…
Source excerpt
- Security For Costs
- Limitation Of Actions
- Jurisdiction Of Parties
- Fraudulent Transfer Of Land
- Administration Of Estates