Bukenya v Hermis Coffee Factory Uganda Limited
Bukenya v Hermis Coffee Factory Uganda Limited (Miscellaneous Application 1588 of 2021) [2023] UGCommC 86 (13 June 2023)
The court found that the Applicant raised bonafide triable issues regarding the alleged indebtedness, the amount paid to Link Power Tanzania Limited, and the legality of the transaction between the parties. These matters constitute plausible defences that warrant a full trial. The court emphasized that its role at this stage is not to determine the merits but to ensure that the Applicant is given an opportunity to present a defence. Accordingly, unconditional leave to appear and defend was granted, and the Applicant was ordered to file a written statement of defence within ten days.
Source excerpt
- Summary Procedure
- Leave To Defend
- Oral Contracts
- Refund Agreements