Samwiri Kibuuka v Eriya Lugeya Lubanga (High Court Miscellaneous Application No. 656 of 2005)
Samwiri Kibuuka v Eriya Lugeya Lubanga (High Court Miscellaneous Application No. 656 of 2005) [2005] UGCommC 56 (30 September 2005)
The court held that while a Notice of Motion supported by affidavit is exempt from the general requirements of Order 6 rule 1(b) CPR, the affidavit in support of the application was defective because it failed to distinguish between facts based on the deponent's knowledge and those based on information and belief, as required by Order 17 rule 3(1) CPR. The absence of such distinction rendered the affidavit unreliable and insufficient to support the application. The court further held that failure to cite the enabling law in the application was a mere technicality and not fatal. However, due t…
Source excerpt
- Reinstatement Of Proceedings
- Affidavit Defects
- Notice Of Motion Requirements
- Technicalities In Procedure