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Dhanani v Moez (Civil Suit 416 of 2001) [2002] UGCommC 33 (11 October 2002)
The court held that a mixed summary suit could be severed so the liquidated claim proceeds summarily and the unliquidated interest claim proceeds ordinarily.
Hanani Moezali v Moez Ramani (Civil Suit No. 416 of 2001) [2002] UGCommC 20 (10 October 2002)
The court held that where a suit contains both liquidated and unliquidated claims, the principle of severability applies. The court may proceed under summary procedure with the liquidated claim, while the unliquidated claim should be handled under ordinary procedure. The court found no injustice in this approach and cited the Dela Pasture case as authority. The court also rejected the plaintiff's argument that the defendant had waived the right to object by not raising it at the time of applying for leave to defend, holding that waiver does not apply to matters of law. The court further noted…
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