Busonya & 2 Ors v Giruli [2018] UGSC 50 (28 September 2018)

Flynote

Civil Defences|Affidavits

Case summary

The court held that the failure of the commissioner for oaths to seal and identify the annexures doesn’t ipso facto make the affidavit fatally defective and inadmissible. That as it was a fact on record that the affidavit had complied with the rules, it shouldn’t have been struck altogether. That in the circumstances, the justice of the case required the determination of the allegation of fraud and hence the retrial wasn’t erroneous.

---