Conduct of proceedings

Geoffrey Gatete and Another v William Kyobe ((Civil Appeal No.7 of 2005)) [2007] UGSC 7 (21 September 2007);


Search Summary: 

The respondent sued the appellant in a
summary suit and obtained an ex parte
judgment and the appeal of the judge to the
court of appeal was dismissed hence this

appeal on the grounds of reliance on the
consent judgment, the consent with the one of
the partners and alleged illegality of the loan
agreement. The background is that the
respondent loaned a sum of money to the
appellant firm which it failed to pay on agreed
date and the respondent acquired a consent
judgment from one of the partners and the
appeal to the court of appeal was dismissed
after full scrutiny that there was service of

Headnote and Holding: 

The court held that the service on a member
of the firm was not effective service on all the
members of the firm hence there had not been
effective service of summons. That that in an
application for leave to appear and defend a
summary suit, the court is not required to
determine the merits of the suit. The purpose
of the application is not to prove the
applicant’s defence to the suit but to ask for
opportunity to prove it through a trial. That
the appellants have showed a triable defence
to the suit.


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