[2014] UGHCLD 127

[2014] UGHCLD 127

The court found that the affidavit in support of the application was incurably defective on two grounds: first, it was not commissioned in the presence of the applicant as required by law, and second, it did not comply with the mandatory requirements of the Illiterates Protection Act, as it lacked a certificate of translation and did not show that the applicant, an admitted illiterate, understood the contents before signing. The court held that these are legal, not procedural, requirements and failure to comply renders the affidavit inadmissible. Since every motion must be supported by a valid affidavit, the application was left without any supporting evidence and could not be considered...

Citation
[2014] UGHCLD 127
Parties
Applicant: Abubaker Mashari; Respondent: Bakunda (U) Ltd; Respondent: Nile Bank Ltd; Respondent: Bat Valley Agencies Ltd; Respondent: Vicent Kawunde t/a Oscar Associates
Court
HC: Land Division (Uganda)
Jurisdiction
Uganda
Judgment Date
16 October 2014
Case Number
Misc. Application No. 233 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Dismissal and Reinstate Main Suit
Outcome
application dismissed
Judges
Luswata, J
Legal Topics
Setting Aside Dismissal, Reinstatement of Suit, Affidavit Requirements, Illiterates Protection Act, Commissioning of Affidavits
Source Language
English
Civil Procedure Land and Property Setting Aside Dismissal Reinstatement of Suit Affidavit Requirements Illiterates Protection Act Commissioning of Affidavits

Case Brief

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Parties

Abubaker Mashari

Applicant

Bakunda (U) Ltd

Respondent

Nile Bank Ltd

Respondent

Bat Valley Agencies Ltd

Respondent

Vicent Kawunde t/a Oscar Associates

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Dismissal and Reinstate Main Suit

Legal Issues

  1. 1 Whether the affidavit in support of the application was properly commissioned in accordance with the law.
  2. 2 Whether the affidavit complied with the requirements of the Illiterates Protection Act for illiterate deponents.
  3. 3 Whether the absence of a valid affidavit renders the application fatally defective and incapable of being considered on its merits.

Ratio Decidendi

The court found that the affidavit in support of the application was incurably defective on two grounds: first, it was not commissioned in the presence of the applicant as required by law, and second, it did not comply with the mandatory requirements of the Illiterates Protection Act, as it lacked a certificate of translation and did not show that the applicant, an admitted illiterate, understood the contents before signing. The court held that these are legal, not procedural, requirements and failure to comply renders the affidavit inadmissible. Since every motion must be supported by a valid affidavit, the application was left without any supporting evidence and could not be considered...

Court Disposition

application dismissed

Orders

  • The application is dismissed with no order as to costs.
  • Counsel for the applicant is denied costs and may not file an advocate-client bill as a consequence of this application.