Gyagenda Derrick Sseremba v Pride Microfinance (MDI) Ltd and Najjuma Aisha (Originating Summons No. 1 of 2025)
Gyagenda Derrick Sseremba v Pride Microfinance (MDI) Ltd and Najjuma Aisha (Originating Summons No. 1 of 2025) [2025] UGHC 515 (14 July 2025)
The court found that the issues raised in the originating summons, particularly the validity of the sale and allegations of fraud, are contentious and require oral evidence and a full trial. Originating summons procedure is reserved for simple, non-contentious matters and is inappropriate where there are substantial disputes of fact. The matter was therefore improperly brought by originating summons and should proceed as an ordinary suit by plaint. The court exercised its powers to direct that the suit be heard as an ordinary suit, rather than dismissing it, to ensure a full and fair determin…
Source excerpt
- Originating Summons Procedure
- Sale Of Mortgaged Property
- Eviction Orders
- Validity Of Sale Agreement