Clovis Karatunga v Edrisa Nyakairu
Clovis Karatunga v Edrisa Nyakairu (Civil Suit No. DR. MFP 16/90) [1991] UGHC 18 (1 January 1991)
The court found that the affidavit in support of the application raised genuine triable issues regarding the entitlement of the plaintiff to recover the sum paid for the vehicle and the circumstances under which the vehicle was seized and resold. The existence of conflicting accounts and unresolved questions about title and contractual obligations necessitated a full hearing. The court held that the defences put forward were not a sham and went beyond mere suspicion. Consequently, unconditional leave to appear and defend was granted to the defendant/applicant, as the matter required determina…
Source excerpt
- Summary Procedure
- Contract Of Sale
- Liquidated Claim
- Triable Issue
- Title To Goods