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Natongo Satongo Sanyu v Poyo Noah (HCMA Land Division 138 of 2006) (HCMA Land Division 138 of 2006)
Natongo Satongo Sanyu v Poyo Noah (HCMA Land Division 138 of 2006) (HCMA Land Division 138 of 2006) [2006] UGHC 2 (31 December 2006)
The court found that the claim in the plaint was not for a liquidated sum and thus not properly brought under summary procedure. Both parties agreed that UGX 11,500,000 was paid and UGX 2,300,000 was due before property in the land could pass to the plaintiff. The applicant raised bona fide triable issues regarding the circumstances of the contract and alleged breach, which necessitate adjudication. The respondent's allegations of fraud or dishonesty require specific proof in evidence. Therefore, the court granted unconditional leave to the applicant to appear and defend, as the matter involv…
Source excerpt
- Leave To Appear And Defend
- Summary Procedure
- Contract For Sale Of Land
- Liquidated And Unliquidated Demands