Civil Remedies

Bank of Uganda v Nsereko and Ors ((Civil Application No. 7 of 2002)) [2002] UGSC 28 (4 July 2002);

Flynote: 

Search Summary: 

The respondents’ former employees of the applicant filed a suit in the
High Court against the applicant for recovery of gratuity, insurance
and or pension money with arrears, and in the alternative prayed for
a declaration that they were entitled to pension insurance money
under the applicant's existing scheme. They also prayed for general
damages, interest and costs. The High Court entered judgment for
them. The applicant successfully appealed to the Court of Appeal
which set aside the High Court judgment and awarded costs in both
courts to the applicant. The applicant brought this appeal for security
of costs taxed and awarded.

Headnote and Holding: 

The court observed that the gist of the application was whether a
case had been made out for granting an order for security for past
costs and/or for further security for the costs in this Court. The court
observed that lack of knowledge of the applicants and their assets
could not form basis for a substantive application. The court stated
that the applicant has the burden to satisfy court that a case for the
application had been made out.
The court observed that the applicant had not made a case for grant
of the application.

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