Uganda Case Law

Kiggundu and Others v Ndagano

Kiggundu and Others v Ndagano (MISCELLANEOUS APPLICATION NO.3538 OF 2023) [2025] UGHC 164 (31 January 2025)

Court

High Court of Uganda

Case number

MISCELLANEOUS APPLICATION NO.3538 OF 2023

Judge

Nabakooza, J

The court found that the Respondent had two written statements of defence on record, filed through different advocates. The application to strike out the defence and enter judgment was only served on one set of advocates (M/s CCAKS Advocates) and not on M/s Mukiibi Kyeyune Advocates, who also represented the Respondent and filed a defence. In light of the constitutional right to a fair hearing and to avoid multiplicity of proceedings, the court held that it would be improper to proceed without ensuring service on all legal representatives. The application was therefore stayed, and the Applica…

Source excerpt

• Striking Out Defence
• Judgment On Admission
• Specific Denial Requirements
• Service Of Process
• Multiplicity Of Proceedings

MHK Engineering Services (U) Ltd v Mgcdowell Ltd

MHK Engineering Services (U) Ltd v Mgcdowell Ltd (Miscellaneous Civil Application No. 825 of 2018) [2020] UGCommC 30 (18 September 2020)

Court

Commercial Court of Uganda

Case number

Miscellaneous Civil Application No. 825 of 2018

Judge

Boniface Wamala, J

The court found that the Written Statement of Defence filed by the Respondent consisted of general and evasive denials, failing to specifically address the allegations in the plaint and lacking particulars or evidence of payments. This contravened the mandatory requirements of Order 6 Rules 8 and 10 of the Civil Procedure Rules, which require specific traverses and substantive answers to allegations. The WSD did not disclose a reasonable answer to the Applicant's claim and was deemed frivolous and vexatious under Order 6 Rule 30(1). Furthermore, the affidavit in reply filed by the Respondent…

Source excerpt

• Striking Out Defence
• Specific Denial Requirements
• Evasive Denial
• Liquidated Claims
• Corporate Affidavit Capacity

Musoke & 2 Others v M/s Life Ministry Uganda & 3 Others

Musoke & 2 Others v M/s Life Ministry Uganda & 3 Others (Civil Appeal No. 134 of 2013) [2020] UGCA 2045 (17 March 2020)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 134 of 2013

Judge

Cheborion, JA, Musota, JA, Tuhaise, JA

The Court of Appeal allowed the appeal, held the defence raised triable issues, and found the trial court wrongly struck out the appellants’ submissions.

• Striking Out Pleadings
• Specific Denial Requirements
• Ownership Of Land
• Letters Of Administration
• Striking-out-pleadings
• Specific-denial