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Civil Procedure [2017] UGCommC 72

Ssengoba v Messrs Kiboko Enterprises Ltd

Ssengoba v Messrs Kiboko Enterprises Ltd (Miscellaneous Application No. 1206 of 2016) [2017] UGCommC 72 (16 June 2017)

The court found that the Applicant raised bona fide triable issues regarding whether he was personally liable for the debt or whether the liability attached to Asuaco Enterprises Ltd. The evidence was unclear as to whether the cheques were issued as security for company debts or as personal liability, and the invoices and financial statements did not conclusively establish the Applicant's personal obligation. The court held that these issues could not be resolved summarily and required trial on the merits. However, the Applicant's defence did not cover the entire sum claimed, and there was un…

  • Summary Suit Procedure
  • Leave To Defend
  • Corporate Personality
  • Liability On Cheques
  • Security For Debt
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