Abdu Kikomeko v Aisa Nalweyiso & Anor (Misc. Appl. No. 1274 of 1999 "O.S.") ((Misc. Appl. No. 1274 of 1999 "O.S.")) [2000] UGHC 7 (7 March 2000);


Search Summary: 

This was an ex parte application where the court considered whether after payment of purchase price, the beneficial owner was entitled to the transfer of the land title in his name, whether there exists any beneficial interests, whether there is entitlement to additional purchase price, whether there can be recovery of land having been in occupation since 1973 and whether the vesting order can be issued by the registrar.

Headnote and Holding: 

The court held that An originating summons shall be in Form 13 of Appendix B, and shall specify the relief sought. The person entitled to apply shall present it ex parte to a judge sitting in Chambers with an affidavit setting forth concisely the facts upon which the right to the relief sought by the summons is founded…”


The bed rock of the application was an affidavit. The application before me was not accompanied by an affidavit as is required by law. Instead counsel in his wisdom attached a document entitled ‘Affirmation’ to the originating summons. Clearly the application is incurably defective as it begs the primary component, an affidavit.


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