THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
MISC. APPLICATION NO. 249 OF 2002
(Arising from Civil Suit No. 1.66 of 2002)
1. EDWARD KABUGO SSENTONGO}
2. JANE KABUGO}:::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFFS/APPLICANTS
VERSUS
1. BANK OF BARODA (U) LTD}
2. ROBERT OPIO}
3. THE REGISTRAR OF TITLES}
4. DR. GEORGE ASABA} :::::::::::::::::::::::::::::::::::::::: DEFENDANTS/RESPONDENTS
BEFORE: THE HON. MR. JUSTICE OKUMU WENGI.
RULING:
Having heard both counsel and having seen the pleadings I rule as follows:-
(a). The predating of an affidavit is not fatal to a motion. There is an authority to these See Jaspal Sandhu vs Noble Builders CI No. 16 of 2000. I will therefore reject this objection.
(b). The application is properly brought as all the parties are well known by either side.
(c). The affidavit sworn by counsel would not make the motion incompetent.
(d). The letter from M/S Sebalu & Lule is not effective to remove a party to an action.
(e). However, since the pleadings are complete I would not strike out the defence but Set the suit down for hearing.
Objection overruled but at the same time no order is made striking out the defence. Matter should be fixed for mention. No costs ordered.
R.O.O OKUMU WENGI
JUDGE
04/06/2002.
12 /06/2002:- Kabugo for Applicant
Magezi for Respondent
Mutegaya Milton Court Clerk
Court: - Ruling delivered in open court.
D/ REGISTRAR
12/06/2002.
Hearing fixed for 21/06/2002.
D/REGISTRAR
12/06/2002
