[2004] UGHC 77

[2004] UGHC 77

The court found that the annexures attached to the applicant's affidavit were in a language other than English and had not been translated. Section 88 of the Civil Procedure Act is clear and unambiguous in requiring that the language of all courts, including evidence and written applications, must be English. The annexures form part of the affidavit, which is pivotal to the application. Without translation, the court cannot consider these documents or discern their relevance to the relief sought. The application was therefore found to be incompetent and was struck out with costs.

Citation
[2004] UGHC 77
Parties
Applicant: Godfrey Katunda; Respondent: Betty Atuhaire Bwesharire
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
16 November 2004
Case Number
HCT-05-CV-MA-0185-2004
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Outcome
application struck out as incompetent with costs
Legal Topics
Affidavit Annexures, Language of Court, Translation Requirements
Source Language
English
Civil Procedure Affidavit Annexures Language of Court Translation Requirements

Case Brief

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Parties

Godfrey Katunda

Applicant

Betty Atuhaire Bwesharire

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an application supported by affidavit with annexures in a language other than English is competent before the High Court.
  2. 2 Whether failure to provide English translations for annexures renders the application defective.

Ratio Decidendi

The court found that the annexures attached to the applicant's affidavit were in a language other than English and had not been translated. Section 88 of the Civil Procedure Act is clear and unambiguous in requiring that the language of all courts, including evidence and written applications, must be English. The annexures form part of the affidavit, which is pivotal to the application. Without translation, the court cannot consider these documents or discern their relevance to the relief sought. The application was therefore found to be incompetent and was struck out with costs.

Court Disposition

application struck out as incompetent with costs

Orders

  • The application is struck out with costs.