Naguyo v Birungi
Naguyo v Birungi (Miscellaneous Application No. 1404 of 2021) [2022] UGHCLD 144 (5 August 2022)
The court sustained the respondent's preliminary objections, holding that allegations of fraud and property valuation are contentious matters requiring a full trial under ordinary suit procedures, not affidavit evidence in an application. The applicant did not reply to the preliminary objections, implying concession. The application was found incompetent as it could affect third party interests (such as Nakigoye Dorothy, who allegedly purchased the suit property) without affording them a right to be heard, violating constitutional principles of fair hearing. Consequently, the application to s…
Source excerpt
- Setting Aside Execution
- Consent Judgment Variation
- Service Of Process
- Fraud In Property Transfer
- Valuation Of Land