Formation and validity of Contract

Anernagy Vs Ekame & Anor (CIVIL APPEAL No. 008 OF 2005) [2018] UGCA 115 (1 November 2018);

Flynote: 

Search Summary: 

This appeal arises from an ex parte judgment in
which the appellant was committed to the civil
prison and ordered to pay sums and the
application to set aside the judgment wa

dismissed hence the appeal. The respondent
proceeded under summary procedure and the
an exparte judgment was entered and an
application to set it aside was denied hence the
appeal.

Headnote and Holding: 

The court held that this being the first appellate
court, it has the duty to re appraise the
evidence and reach an independent conclusion.
That the grant of leave to defend under o 36 is
matter of judicial discretion, that the onus is on
the defendant to show cause and that the claim
of illegal contract was a sham defence meant to
override the obligation of responding to
summons. That the points of law cited were a
sham.

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