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Uganda Case Law

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Civil Procedure [2019] UGCommC 14

KCB Bank (U) Ltd v Kalema

KCB Bank (U) Ltd v Kalema (Miscellaneous Application No. 704 of 2018) [2019] UGCommC 14 (22 March 2019)

The High Court struck out the supporting affidavit for failing to disclose the source of information, and dismissed the application with costs.

  • Affidavit Defects
  • Source Of Information
  • Preliminary Objection
  • Striking Out Affidavit
  • Affidavit-defects
  • Source-of-information
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Civil Procedure [2019] UGCommC 230

KCB Uganda Limited v Kalema

KCB Uganda Limited v Kalema (Miscellaneous Application No. 704 of 2018) [2019] UGCommC 230 (22 March 2019)

The court found that the affidavit in support of the application, sworn by counsel for the applicant, contained statements of fact in paragraph 5 for which the deponent could not have personal knowledge and failed to disclose the source of such information. This omission contravened Order 19 Rule 3 of the Civil Procedure Rules, which requires that affidavits based on information must disclose the source. The court distinguished between affidavits containing falsehoods, which may be cured by severance, and those that fail to comply with the law, such as non-disclosure of the source of informat…

  • Affidavit Defects
  • Source Of Information
  • Preliminary Objection
  • Striking Out Affidavit
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Civil Procedure [1998] UGCA 63

Uganda Corporation Creameries and Another v Reamaton Limited

Uganda Corporation Creameries and Another v Reamaton Limited (Civil Application No. 44/98) [1998] UGCA 63 (3 December 1998)

The Court of Appeal held that the challenged affidavit paragraphs, viewed in context, stated grounds of belief rather than sources of information, so the preliminary objection failed.

  • Affidavit Evidence
  • Grounds Of Belief
  • Source Of Information
  • Preliminary Objection
  • Affidavit-evidence
  • Civil-procedure
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