Zirode Consulting Co. (U) Ltd v Barclays Bank (U) Ltd (H.C.Miscellaneous Application No. 565 of 2020)
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…
Source excerpt
- Summary Procedure
- Leave To Defend
- Triable Issues
- Loan Dispute
- Mortgage Challenge