THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
MISC. APPLICATION NO. 190 OF 2015
(ARISING FROM CIVIL SUIT NO. 06 OF 2012)
AGRO FINANCE LTD .............................. APPLICANT/ DEFENDANT
VERSUS
- FREDERICK MUGAWE
- OLIVE MUGAWE ............................. RESPONDENTS/PLAINTIFFS
BEFORE: HON. LADY JUSTICE FLAVIA SENOGA ANGLIN
RULING
Upon giving the submissions of Counsel for the Applicant the best consideration that I can in the circumstances and taking into account the provisions of law relied upon, court finds that this is a proper case for allowing the application and directing the Stanbic Bank Uganda Ltd. to provide written witness statements to the Applicant’s Counsel, and to appear for cross examination and re-examination with regard to the Grace Coaches Ltd account No. 0140062454501; on the issues set out in the Notice of Motion.
Under S.6 of the Evidence (Bankers’ Books) Act, court has the discretion to order that any party to a legal proceeding, upon application “be at liberty to inspect and take copies of any entries in a banker’s book for any of the purposes of those proceedings”.
Under S.6 (2), an order under this section may be made either with or without summoning the bank or any other party, and shall be served on the bank three clear days before it is to be obeyed, unless the court otherwise directs.”
The application is accordingly allowed and the orders sought by the Applicant to issue.
The order to provide the statements and to appear for cross examination and re-examination to be served upon Stanbic Bank Uganda Ltd. three days before it is to be obeyed.
No order is made as to costs at this stage S.7 (1) of the Act.
FLAVIA SENOGA ANGLIN
JUDGE
17.03.15
