Masiibiri v Sugar Corporation Uganda Limited and Kagiri
Masiibiri v Sugar Corporation Uganda Limited and Kagiri (CIVIL APPLICATION NO.17 OF 2001) [2001] UGCA 45 (11 October 2001)
The court found that the application was filed by Nathan Twinomugisha, an advocate who did not possess a valid practicing certificate at the material time. The applicant failed to challenge this assertion by affidavit, and the evidence was therefore accepted as uncontroverted. In accordance with established legal principles, documents filed by an advocate without a practicing certificate are invalid and incapable of commencing a valid application. The application was thus incompetent and had to be struck out with costs to the respondent.
Source excerpt
- Competency Of Application
- Practicing Certificate Requirement
- Affidavit Evidence
- Striking Out Incompetent Application