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Uganda decisions
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Nalubega Ruth v Cairo Bank (U) Limited (Miscellaneous Application No. 1142 of 2024) [2025] UGCommC 118 (5 June 2025)
The High Court refused to set aside a consent judgment in a bank loan dispute, finding no fraud, misrepresentation, or other basis to disturb the agreement.
Kasaija Ronald Wilfred and Others v Equity Bank (U) Limited (Miscellaneous Application No. 2036 of 2024) [2025] UGCommC 98 (23 May 2025)
The High Court granted applicants unconditional leave to defend a summary suit, finding a bona fide dispute over the amount claimed on a loan account.
Itungo Joram v Cohen Ferreira Carlos Patricio (Misc. Application No. 1175 of 2024) [2024] UGCommC 392 (29 October 2024)
The court found that the Applicant's denial of indebtedness and challenge to the authenticity of the WhatsApp messages, coupled with the absence of any written agreement or proof of the loan, raised bona fide triable issues of fact. The evidence presented by the Respondent, specifically the WhatsApp messages, lacked sufficient verification of origin and ownership, necessitating further inquiry at trial. The court emphasized that summary procedure is appropriate only in clear cases where the demand is liquidated and uncontested. Since the Applicant's defence was not a mere sham or bald denial,…
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Zirode Consulting Co. (U) Ltd v Barclays Bank (U) Ltd (H.C.Miscellaneous Application No. 565 of 2020) [2021] UGCommC 71 (19 March 2021)
The court found that the applicant had demonstrated bonafide triable issues by showing the existence of a pending suit in the High Court of Mukono directly affecting the loan transaction and the mortgaged property at the heart of the summary suit. The applicant's defence was deemed plausible and meritorious, warranting leave to appear and defend the main suit. The court emphasized that prudence requires resolution of the first suit, as its outcome has direct consequences for the present matter. Accordingly, the application for leave to appear and defend was granted, with costs to be determine…
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Ggingo Mujje v Diamond Trust Bank Uganda Ltd (Miscellaneous Application No. 937 of 2016) [2019] UGCommC 233 (1 March 2019)
The court granted the applicant unconditional leave to defend a summary suit after finding bona fide triable issues over the loan balance, securities, and alleged discrepancies.
Wanzala Enterprises Ltd v Barclays Bank of Uganda Ltd (Civil Suit No. 77 of 2012) [2017] UGCommC 41 (18 May 2017)
The High Court dismissed a bank loan dispute after a court-referred account reconciliation found the plaintiff owed the bank, and no award was challenged in time.
Nakitto v Karugaba (Misc. Application No. 325 of 2013) [2013] UGHCCD 117 (16 September 2013)
The court found that the applicant had raised several triable issues regarding the extent of her indebtedness, the nature of payments made, and the purpose of post-dated cheques. The applicant's averments were not sufficiently rebutted by the respondents, and there was controversy over whether substantial payments had been made and whether cheques were issued as security or payment. The applicant's failure to apply for leave to defend was attributed to negligent advice from her advocate, which the court held to be sufficient cause for setting aside the exparte decree. The court emphasized tha…
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Rwenzori Investment Ltd. v N.P.A.R.T. (Miscellaneous Civil Application 43/97) [1998] UGCA 1 (20 January 1998)
Application for extension of time to appeal dismissed for lack of sufficient reason. The court held that delay, partly attributable to the applicant, was not excused by counsel’s omissions.
