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Leave to Appear and Defend- Ben & Singh

Permission for leave to appear and defend

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crinoxl
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11 views

Leave to Appear and Defend- Ben & Singh

Permission for leave to appear and defend

Uploaded by

crinoxl
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(COMMERCIAL DIVISION)

MISC APPLICATION NO. …………. OF 2024

(ARISING FROM HCCS NO. 0150 OF 2024)

1. 1NTERAFRIC GLOBAL SERVICES LTD


2. DILBAG SINGH
3. BEN MUSHARI ]
APPLICANTS

VERSUS
EQUITY BANK UGANDA LIMITED ] RESPONDENT

NOTICE OF MOTION
(Under Section 98 of the Civil Procedure Act Cap 71, Order 36 Rule 3
(1) and Order 52 Rules 1 and 3 Civil Procedure Rules SI 71-1 as
amended)

TAKE NOTICE that this Honorable court shall be moved on


the…….day of……………………2024 at ……….. O’clock in the
forenoon or soon thereafter as Counsel for the Applicant can be
heard on the application for orders that:
a) The Applicants be granted unconditional leave to appear and
defend Civil Suit No. 0150 of 2024.

b) Costs of this application be provided for.

TAKE FURTHER NOTICE that the grounds of this application are


contained in the affidavit of the Applicants which shall be read
and relied upon at the hearing but briefly they are:

1. The Applicants have not breach any contract as claimed by


the Respondent.
2. The Applicants counsel shall raise preliminary points of law
against the Respondent’s claim in the main suit.

3. That the Respondent’s main suit lacks a cause of action in


the main suit.

4. It is just and equitable that the Applicants be granted leave


to appear and defend the main suit.

DATED at Mbarara this ………..day of……………………..2024

……………………………..…………………
COUNSEL FOR THE APPLICANTS

GIVEN under my hand and seal of this Honorable Court


this………..day of………………..………2024.

……………………………………………
REGISTRAR

DRAWN AND FILED BY;


M/S TUMWEBAZE EMMANUEL ADVOCATES & SOLICITORS,
ADIT MALL OPP. BANK OF UGANDA
1ST FLOOR SUITE 01
P.O. BOX. 1608 MBARARA CITY-
Mob: 0200900025/0700577011
Email [email protected]

THE REPUBLIC OF UGANDA


IN THE HIGH COURT OF UGANDA AT KAMPALA

(COMMERCIAL DIVISION)

MISC APPLICATION NO. …………. OF 2024

(ARISING FROM HCCS NO. 0150 OF 2024)

1. INTERAFRIC GLOBAL SERVICES LTD


2. DILBAG SINGH
3. BEN MUSHARI ]
APPLICANTS

VERSUS
EQUITY BANK UGANDA LIMITED ] RESPONDENT

AFFIDAVIT IN SUPPORT OF MOTION


I, BEN MUSHARI of C/O M/S, Tumwebaze Emmanuel
Advocates & Solicitors, Adit Mall, Opposite Bank of
Uganda, 1st floor suit 01 P.O Box 1608, Mbarara City, do
hereby take oath and state as follows;

1. That I am a male adult Ugandan of sound mind and the 3 rd


Applicant in this matter.

2. That I am a director of the 1st applicant company.

3. That the 1st Applicant obtained a loan of Ugx. 500,000,000/=


for working capital and financing purchase of commodities
for tract supplies.

4. That the loan was disbursed during Covid-19 lockdown.

5. That the Covid-19 lockdown continued until it was later lifted


in 2022.

6. That the company business was greatly affected by Covid-19


lockdown.
7. That the lockdown affected the 1st Applicant’s business very
much and the 1st Applicant has not recovered from the
effects of the lockdown up-to-date.

8. That the whole loan period ended when the lockdown was
still in place in Uganda.

9. The loan repayment was affected by the covid-19 lockdown


which suffocated the 1st Applicant’s business.

10. That the 1st Applicant has never received any demand
notice attached as annexure F.

11. That the 1st defendant has a formidable and viable


defence to the main suit. A copy of the proposed defence
is attached as annexure “A”.

12. That it is in the interest of justice and equity that this


application for leave to appear and defend is allowed.

13. That I certify that whatever I have stated herein above


is true and correct to the best of my knowledge.

SWORN at Kampala this ……….day …………………of 2024.

By the said BEN MUSHARI ………………………………


DEPONENT

BEFORE ME:
………………………………………………...
COMMISSIONER FOR OATHS

DRAWN AND FILED BY;


M/S TUMWEBAZE EMMANUEL ADVOCATES & SOLICITORS,
ADIT MALL OPP. BANK OF UGANDA
1ST FLOOR SUITE 01
P.O. BOX. 1608 MBARARA CITY-
Mob: 0200900025/0700577011
Email [email protected]

THE REPUBLIC OF UGANDA


IN THE HIGH COURT OF UGANDA AT KAMPALA

(COMMERCIAL DIVISION)

MISC APPLICATION NO. …………. OF 2024

(ARISING FROM HCCS NO. 0150 OF 2024)

1. INTERAFRIC GLOBAL SERVICES LTD


2. DILBAG SINGH
3. BEN MUSHARI ]
APPLICANTS

VERSUS
EQUITY BANK UGANDA LIMITED ] RESPONDENT

AFFIDAVIT IN SUPPORT OF MOTION


I, DILBAG SINGH of C/O M/S Tumwebaze Emmanuel
Advocates & Solicitors, Adit Mall, Opposite Bank of
Uganda, 1st floor suit 01 P.O Box 1608, Mbarara City, do
hereby take oath and state as follows;

1. That I am a male adult sound mind and the 2nd Applicant in


this matter.

2. That I am a director of the 1st applicant company.

3. That the 1st Applicant obtained a loan of Ugx. 500,000,000/=


for working capital and financing purchase of commodities
for tract supplies.

4. That the loan was disbursed during Covid-19 lockdown.

5. That the Covid-19 lockdown continued until it was later lifted


in 2022.

6. That the company business was greatly affected by Covid-19


lockdown.
7. That the lockdown affected the 1st Applicant’s business very
much and the 1st Applicant has not recovered from the
effects of the lockdown up-to-date.

8. The 1st Applicant got financial challenges when the persons


supplied failed to pay the 1st Applicant its money.

9. That all the financial challenges of the 1 st Applicant were


communicated to the Respondent. Copies of the
communications between the 1st Applicant’s
suppliers, the 1st Applicant and the Respondent are
attached and marked as annexure “A”.

10. That the 1st Applicant is pursuing the said suppliers for
payment so that the Respondent’s money can be paid.

11. That a reschedule of the loan should be done to enable


the 1st Applicant pay the debt.

12. The loan repayment was affected by the covid-19


lockdown which suffocated the 1st Applicant’s business.

13. That the 1st Applicant has never received any demand
notice attached as annexure F.

14. That the 1st defendant has a formidable and viable


defence to the main suit. A copy of the proposed defence
is attached as annexure “B”.

15. That it is in the interest of justice and equity that this


application for leave to appear and defend is allowed.

16. That I certify that whatever I have stated herein above


is true and correct to the best of my knowledge.

SWORN at Kampala this ……….day …………………of 2024.

By the said DILBAG SINGH ………………………………


DEPONENT
BEFORE ME:
………………………………………………...
COMMISSIONER FOR OATHS

DRAWN AND FILED BY;


M/S TUMWEBAZE EMMANUEL ADVOCATES & SOLICITORS,
ADIT MALL OPP. BANK OF UGANDA
1ST FLOOR SUITE 01
P.O. BOX. 1608 MBARARA CITY-
Mob: 0200900025/0700577011
Email [email protected]

THE REPUBLIC OF UGANDA


IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)

MISC APPLICATION NO. …………. OF 2024


(ARISING FROM HCCS NO. 0150 OF 2024)

1. INTERAFRIC GLOBAL SERVICES LTD


2. DILBAG SINGH
3. BEN MUSHARI ] APPLICANTS
VERSUS
EQUITY BANK UGANDA LIMITED ] RESPONDENT

SUMMARY OF EVIDENCE
The Applicants shall adduce evidence and produce witnesses to prove that
the company business was affected by covid-19 lockdown whose effects are
still subsisting up-to-date.

LIST OF WITNESSES
1. The Applicants.
Any other witnesses will be produced with leave of court

LIST OF DOCUMENTS
1. Proposed defence.
Any documents will be produced with leave of court.

LIST OF AUTHORITIES
1. The Constitution of the Republic of Uganda 1995 as amended.
2. Civil procedures Act, Cap 71.
3. The Contracts Act, 2010
4. Evidence Act, Cap 6
Any other authorities will be produced with leave of court

Dated at Mbarara…………. of………………………….2024.

………………………..……………………
COUNSEL FOR THE APPLICANTS

DRAWN AND FILED BY;


M/S TUMWEBAZE EMMANUEL ADVOCATES & SOLICITORS,
ADIT MALL OPP. BANK OF UGANDA
1ST FLOOR SUITE 01
P.O. BOX. 1608 MBARARA CITY-
Mob: 0200900025/0700577011
Email [email protected]

THE REPUBLIC OF UGANDA


IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
MISC APPLICATION NO. …………. OF 2024
(ARISING FROM HCCS NO. 0150 OF 2024)

EQUITY BANK UGANDA LIMITED ] PLAINTIFF

VERSUS
1. INTERAFRIC GLOBAL SERVICES LTD
2. DILBAG SINGH
3. BEN MUSHARI ] DEFENDANTS

PROPOSED DEFENDANTS’ WRITTEN STATEMENT OF


DEFENCE
1. Save as here in expressly admitted, the defendants deny
each and every allegation contained in the plaint as if the
same were set forth verbatim and traversed seriatim.

2. The contents of paragraphs 1, 2, 3 and 5 of the plaint are


noted and for the purpose of this suit, the defendants’
address of service shall be C/O M/S TUMWEBAZE EMMANUEL
ADVOCATES & SOLICITORS, ADIT MALL OPP. BANK OF UGANDA
1ST FLOOR SUITE 01, P.O Box 1608 MBARARA CITY. Mob:
0200900025/0700577011, Email
[email protected]

3. The defendants aver that the plaintiff is not entitled to any


prayers in the plaint and the defendants’ advocates shall at
the earliest opportunity available raise a preliminary
objection against the plaintiff’s suit for being a non-starter,
frivolous and vexatious and pray that the same be dismissed
summarily with costs.

4. The loan was disbursed during Covid-19 lockdown.

5. The Covid-19 lockdown continued until it was later lifted in


2022.

6. The company business was greatly affected by Covid-19


lockdown.
7. The lockdown affected the 1st defendant’s business very
much and the 1st defendant has not recovered from the
effects of the lockdown up-to-date.
8. The 1st Defendant got financial challenges which were
communicated to the plaintiff when the 1st Defendant's
suppliers failed to pay the 1st Defendant. Copies of the
communications between the 1st Applicant’s
suppliers, the 1st Applicant and the Respondent are
attached and marked as annexure “A”.

9. The whole loan period ended when the lockdown was still in
place in Uganda.
10. The loan repayment was affected by the covid-19
lockdown which suffocated the 1st defendant business.

17. That the 1st defendant has a formidable and viable


defence to the main suit. A copy of the proposed defence
is attached as annexure “B”.
11. The defendants have never received any demand
notice attached as annexure F.

12. The Defendants submits to the jurisdiction of this


honourable court but denies any cause of action arising to
the Plaintiff.

WHEREFORE, the defendants pray for dismissal of the plaintiff’s


case with costs.
Dated at Mbarara this……..day of ………...........…..,2024

………………………………………………..
COUNSEL FOR THE DEFENDANTS
LODGED in the registry of this honourable court this………….day
of …………………..…….2024.

……………………………………………
REGISTRAR

DRAWN & FILED BY;


M/S TUMWEBAZE EMMANUEL ADVOCATES & SOLICITORS
ADIT MALL OPP. BANK OF UGANDA
1ST FLOOR SUITE 01
P.O BOX 1608 MBARARA CITY
MOB: 0700577011/0705594114
EMAIL: [email protected]

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