[2023] UGCommC 58

[2023] UGCommC 58

The court found that the applicants' affidavit in support of the application contained numerous falsehoods regarding the status of their bank accounts, which had not been frozen at the material time as claimed. Evidence from Stanbic Bank confirmed that the freeze order was lifted prior to the application. The court...

Source-derived case information.

Citation
[2023] UGCommC 58
Parties
Applicant: A. I. B International Ventures Ltd.; Applicant: Abubaker Ismail; Respondent: Abdullah Ismail
Court
Commercial Court of Uganda
Jurisdiction
Uganda
Judgment Date
9 August 2023
Case Number
Miscellaneous Application 1747 of 2002
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Default Judgment and for Leave to Defend
Outcome
application dismissed with costs to the respondent
Judges
Harriet Grace Magala, J
Legal Topics
Setting Aside Default Judgment, Leave to Defend, Affidavit Falsehoods, Bank Account Freeze, Summary Procedure
Source Language
english
Civil Procedure Commercial and Corporate Setting Aside Default Judgment Leave to Defend Affidavit Falsehoods Bank Account Freeze Summary Procedure

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Parties

A. I. B International Ventures Ltd.

Applicant

Abubaker Ismail

Applicant

Abdullah Ismail

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Default Judgment and for Leave to Defend

Legal Issues

  1. 1 Whether the application raises triable issues.
  2. 2 What other remedies are available to the parties?

Ratio Decidendi

The court found that the applicants' affidavit in support of the application contained numerous falsehoods regarding the status of their bank accounts, which had not been frozen at the material time as claimed. Evidence from Stanbic Bank confirmed that the freeze order was lifted prior to the application. The court held that an application supported by an affidavit containing untruths is unworthy of consideration and must be dismissed. The applicants failed to demonstrate any bona fide triable issue or plausible defence, and their conduct amounted to misleading the court. Consequently, the application to set aside the default judgment and for leave to defend was dismissed with costs to...

Court Disposition

application dismissed with costs to the respondent

Orders

  • The application is dismissed with costs to the respondent.
  • The respondent is at liberty to proceed with execution of the decree in Civil Suit No. 0982 of 2022.