Conduct of proceedings

Stanbic Bank (U) Ltd Vs Ssenyonjo & Anor (CIVIL APPEAL No. 147 OF 2012) [2019] UGCA 35 (29 March 2019);


Search Summary: 

The appeal arose from the decision of the trial
court in which the contract between the parties

was declared illegal for non-compliance with
Illiterate’s Protection Act. The decision was
appealed on the grounds of declaration of the
suit contract illegal, award of the unpleaded
and unproved damages, legality of the
impounding of the buses and the order of
refunding the monies paid under the contract.

Headnote and Holding: 

The court held that as the first appellate court,
it is required to re appraise the evidence and
draw inferences on the facts and the law. That
the respondents are entitled to avoid
enforcement of a contract on the terms written
in the lease document because it was never
translated to them. That the ground regarding
pleading was of form rather than substance.
That the appellant was brought to notice of the
plaintiffs’ claims in the plaint and fully
responded to them. That the plaintiff couldn’t
recover damages from her own illegality.


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