Amer Nagy Vs Ekame& Anor (Civil Appeal No.008 of 2005) [2018] UGCA 74 (1 November 2018)

Flynote

Civil Procedure|Actions and applications|Contract Law|Formation and validity of Contract|Illegal Contract

Case summary

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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