Ratidu Trading Ltd and Others v Equity Bank (U) Ltd
Ratidu Trading Ltd and Others v Equity Bank (U) Ltd (Miscellaneous Application 2646 of 2023) [2025] UGCommC 56 (10 April 2025)
The court found that the applicants failed to present any genuine defense or triable issue to merit unconditional leave to appear and defend the summary suit. Their assertions of repayment were unsupported by evidence, and their challenges to the mortgage and foreclosure process did not address the central issue of indebtedness. The applicants' conduct amounted to approbation and reprobation, undermining their credibility. The law requires a defendant to disclose a bona fide triable issue with sufficient particularity, which the applicants did not do. The obligations of the guarantors remain…
Source excerpt
- Summary Suit Procedure
- Leave To Defend
- Loan Facility Dispute
- Guarantee Liability
- Mortgage Enforcement