MK Financiers Ltd Vs Shah & Co Ltd & 4 Ors (Miscellaneous Application/appeal No. 343 of 2015) [2016] UGHCCD 15 (13 April 2016)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application/appeal No. 343 of 2015
Judge
Ogule Oumo, J
The court found that the affidavit in reply, sworn by Parikh Hetal, was incurably defective because it did not disclose authority to swear on behalf of all respondents, nor was any power of attorney attached as required by Order 3 Rules 1 and 2 of the Civil Procedure Rules. The court relied on established case law that such affidavits are incompetent and must be struck out. Further, since the other respondents did not file valid replies, the averments in the applicant's affidavit are deemed admitted. On the issue of representation, the court held that Mr. Ekirapa, being both a party and advoc…