Ssenyondo v Tesco Industries Limited (Miscellaneous Application 2703 of 2024) [2025] UGCommC 20 (7 February 2025)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 2703 of 2024
Judge
Tumusiime Rubagumya, J
The High Court dismissed an application for discovery of bank statements and rental tax returns, finding the request too broad, speculative, and intrusive of privacy.
Ssenyondo v Tesco Industries Limited (Miscellaneous Application 2703 of 2024) [2025] UGCommC 46 (7 February 2025)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 2703 of 2024
Judge
Tumusiime Rubagumya, J
The Court found that the Applicant's request for broad discovery of bank statements and rental tax returns was not sufficiently specific or justified by the material issues in the main suit. The Applicant already possessed deposit slips and receipts relevant to his claim, and the documents sought were primarily for comparative purposes, not essential to the resolution of the dispute. Granting the order would risk violating the privacy and confidentiality rights of other tenants and the Respondent, as protected under Article 27(2) of the Constitution. The Court held that discovery should not b…
Tirupati Development (U) Limited v KCB Bank (U) Limited and Another (Civil Miscellaneous Application 707 of 2022) [2023] UGHCCD 138 (5 May 2023)
Court
HC: Civil Division (Uganda)
Case number
Civil Miscellaneous Application 707 of 2022
Judge
Musa Ssekaana, J
The court found that discovery is a discretionary remedy and must be limited to documents that are material and relevant to the issues in the main suit. The applicant's request for discovery was partially granted, as some documents relating to the loan transactions and specific bank accounts were deemed relevant and not disputed by the respondents. However, requests for broad categories of documents, such as money laundering reports and IT policies, were denied due to concerns about privacy, confidentiality, and lack of specificity. The court emphasized the need to balance the right to access…