[2011] UGCommC 2001

[2011] UGCommC 2001

The court found that the applicant raised bona fide triable issues, specifically regarding the date of the commission agreement and whether the respondents introduced the buyer to the applicant. The existence of conflicting affidavits and documentary evidence on these points means that the facts cannot be determined...

Source-derived case information.

Citation
[2011] UGCommC 2001
Parties
Applicant: EDCO Limited; Respondent: Peter Serunjogi; Respondent: Noah Wasige
Court
Commercial Court of Uganda
Jurisdiction
Uganda
Judgment Date
8 April 2011
Case Number
Miscellaneous Application No. 391 of 2010
Procedural Posture
Miscellaneous Application / Ruling on Application for Unconditional Leave to Defend
Outcome
application granted with condition
Legal Topics
Summary Judgment, Commission Agreements, Triable Issue Standard, Brokerage Fee Disputes
Source Language
english
Civil Procedure Commercial and Corporate Summary Judgment Commission Agreements Triable Issue Standard Brokerage Fee Disputes

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Parties

EDCO Limited

Applicant

Peter Serunjogi

Respondent

Noah Wasige

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Unconditional Leave to Defend

Legal Issues

  1. 1 Whether the commission agreement was made on 26 February 2010 or 23 March 2010.
  2. 2 Whether the respondents introduced the buyer to the applicant and are entitled to brokerage fees.
  3. 3 Whether the applicant has raised bona fide triable issues warranting leave to defend the suit.

Ratio Decidendi

The court found that the applicant raised bona fide triable issues, specifically regarding the date of the commission agreement and whether the respondents introduced the buyer to the applicant. The existence of conflicting affidavits and documentary evidence on these points means that the facts cannot be determined at the summary judgment stage. The court held that these matters require judicial consideration in a full trial. Accordingly, unconditional leave to defend the suit is granted, subject to the condition that Mr. Evarist Turyakira is made a party to the main suit, so that the truth of the transactions and entitlement to commission can be properly adjudicated. Costs will abide...

Court Disposition

application granted with condition

Orders

  • Unconditional leave to appear and defend the suit is granted to the applicant.
  • Mr. Evarist Turyakira shall be made a party to the main suit.