Civil Appeal Procedure

Uganda Telecom Vs ZTE Corporation (Civil Appeal No. 197 Of 2015) [2016] UGCA 59 (1 December 2016);

Flynote: 

Search Summary: 

The appellant was a defendant in a contractual issue in the main suit at trial, he raised a preliminary objection averring that the plaint did not disclose a cause of action, which the trial judge rejected insisting on hearing some evidence before deciding on the point. The appellant on appeal averred that the trial judge had erred in failing to resolve a preliminary objection.

Court considered the appeal on its merits.

Headnote and Holding: 

Court on evaluation of the plaint held that it had been drafted carelessly but none the less raised triable issues which were down to the trial court to determine.

Court held that the decision to hear some evidence first before determining the preliminary objection was down to the judge’s discretion.

Court accordingly dismissed the appeal with costs.

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