Uganda Case Law

Souza v Souza (Civ. App. No. 23/1937)

Souza v Souza (Civ. App. No. 23/1937) [1938] EACA 24 (1 January 1938)

Court

East African Court of Appeal

Case number

Civ. App. No. 23/1937

Judges

Francis, Ag. C.J. (Uganda), Law, C.J (Zanzibar), Sheridan, (C.J. Kenya)

The Court held that the attorney, as an advocate duly instructed by the petitioner, could properly be given leave to present and sign the petition regardless of the Power of Attorney. The defect in stamping the Power of Attorney was not fatal; subsequent stamping rendered the document admissible in evidence and validated prior proceedings. The relevant statutory provisions and case law support the proposition that retrospective stamping cures procedural defects except in cases where the statute expressly prohibits it, such as promissory notes. The Court further held that the costs order again…

Source excerpt

• Judicial Separation
• Power Of Attorney
• Admissibility Of Evidence
• Costs Orders
• Retrospective Stamping