THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATE’S COURT OF LUGAZI

HOLDEN AT LUGAZI
(MISCELLANEOUS APPLICATION NO:2 OF 2022)
ARISING FROM CIVIL CASE NO. 0043 OF 2022

KABUYE HAMIDU ============== == ====================APLICANTDEFENDANT

VERSUS

MADEGEDE ISREAL
(Suing Through His Lawful Attorney Kalanda John) ============== RESPONDENT/DEFENDANT

APPLICANT’S SUBMISSIONS IN REJOINDER

The plaintiff’s counsel has raised a number of issues on behalf of the plaintiff in his written submission in
reply to our oral submissions and we wish to rejoin as follows;

  Your worship, without much ado, our grounds for the grant of this application are already highlighted in the
oral submissions but also in our affidavit in support of the application already on court’s record
The background is highlighted by my learned brother for the respondent

Your Worship, what is paramount in an application like this is whether the applicant has a good defense.
The applicant should demonstrate to court that there are issues or questions of fact or law in dispute which
ought to be tried this has been cited in the number of cases even those cited by my learned colleague

Your worship, the applicant under paragraph 5,6,7 and 8 of the affidavit in support of the application, avers
that the Respondent has no cause of action against him and that there is no privity of contract between him
and the Respondent and that the applicant was not indebted to the respondent as claimed by him.

Your worship this is a good defence envisaged under the law that should be put to strict proof by the
respondent during trial, the applicant denies to have delt with the respondent and denies being indebted to
him

This raises serious questions in respect to the claim before court and therefore this Court should
investigate since the applicant has denied ever dealing with the Respondent and being indebted to him.
This denial is unequivocal and his indebtedness which the applicant challenges can only if any be proved
during trial

The Respondent in his introductory background of the case claims that the applicant was his employee and
defaulted on remitting US$629 from the sale of silver fish meant for the plaintiff which is not true as the
applicant and the respondent’s attorney were business patterners/associates.
Your worship, the applicant paid all the alleged sum of money demanded from him on to the plaintiff’s
attorney’s bank account No.01031010329105 DFCU Bank Ndeeba Branch in the names KALANDA JOHN.
(Copies of bank receipts are hereto attached and marked as annexture A1, A2.A3, A4, A5 collectively)
We therefore reiterate our earlier prayers that this honorable court finds merit in this application and grants
the applicant /defendant an unconditional leave to appear and a defend the main suit and grants the costs
of this application to him.

We so pray.

DATED AT LUGAZI the --------------------- day of -------------------- 2023

                                                                          -------------------------------------------------
                                                                   
                                                                         COUNSEL FOR THE DEFENDANT
 Filed By
M/S Baganda,Ssekatawa
&Co.Advocates.
P.OBox224 Lugazi