Court name
Supreme Court of Uganda
Case number
Civil Appeal 11 of 2017
Judgment date
28 September 2018

Busonya & 2 Ors v Giruli (Civil Appeal 11 of 2017) [2018] UGSC 50 (28 September 2018);

Cite this case
[2018] UGSC 50
Short summary:

Civil Defences, Affidavits

Headnote and holding:

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.