Nasirumbi and Others v Wafula and Others
Nasirumbi and Others v Wafula and Others (MISCELLANEOUS APPLICATION NO. 21 OF 2024) [2025] UGHC 186 (7 February 2025)
The court found that while certain paragraphs of the affidavit in support contained matters of law and were argumentative, thereby offending Order 19 Rule 3 of the Civil Procedure Rules, the offending paragraphs could be severed. The remainder of the affidavit was meaningful and sufficient to support the application. The preliminary objection was therefore overruled, and the application was allowed to proceed on its merits. The court rejected the argument that the affidavit was wholly defective and emphasized that severance is permissible where it does not render the affidavit meaningless.
Source excerpt
- Affidavit Defects
- Preliminary Objection
- Severance Of Offending Paragraphs