THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(coMMERCtAL DtVtStON)
(Civil Suit No.1219 ot 20231

NORVIK HOSPITAL LIMITED I PLAINTIFF

VERSUS

1. MPOWER OIL COMPANY LIMITED I

2. VIKAS BHANDARI I DEFENDANTS

1St DEFE NDANT,S WRITTEN STATEMENT OF DEFENCE

L Save as herein expressly admitted, the L't Defendant denies each and every
allegation contained in the Plaint as though the same were herein set forth verbatim
and traversed seriatim.

2. Paragraphs 1 and 2 of the Plaint are admitted. The L't Defendant's address of service
for the purposes of this suit is Q'o lvl & K ADvOCATES BMK HOUSE, 3RD ftOOR,
SUITE 311, PLOT NO. 4.5 NYABONG RD, OFF WAMPEWO AV, KOLOLO, P.O. BOX
10204, KAMPALA.

3 At or prior to the hearing of the 1't Defendant shall raise preliminary objections to
the Suit to the effect that;

i) The 1st Defendont hos never entered into any controctuol obtigotions for
payment of ony medical bills with the Plointiffs as alleged ond os such no
controct wos capcible of hoving been breoched by the 1st Defendont os none
existed. Accordingly, the Plointiff hos no volid couse of oction ogainst the 7't
Defendant

ii) The Suit osogoinst the 1-'t Defendont is ot best an obuse of Court process ond
os presented, is frivolous ond vexotious. The 1* Defendant sholl further ond
 pursuant to Order 7 rule 71(e) of the Civil Procedure Rules, seek for the some
to be dismissed with costs.

4 It is denied that the Plaintiff has any claim or cause of action or that the Plaintiff is
entitled to any remedies against the l't Defendant as claimed under Paragraph 4 of
the Plaint or at all.

5 !n response to Paragraphs 5 (5.1)to (5.16) of the Plaint, the l-'t Defendant shall aver
as follows;

i) The l-'t Defendant has never entered into any contractual obligations for
payment of any medical bills with the Plaintiff's as alleged and the Plaintiff
shall be put to strict proof;

ii) Any payments made by the l-'t Defendant was done on a humanitarian
i
ground in relation to a patient who was formerly its employee and in no
way did the payment by the l-st Defendant confer any liability to and/or
upon it;

iii) The l-'t and 2nd Defendants are distinct and separate persons in law.
Allegations of representation by the 2nd Defendant that the l-'t Defendant
would pay the alleged medical bills are denied, but in any event, even if they
were true (which is denied), defeat the purpose as to why the 2nd Defendant
was sued;

iv) The 1't Defendant denies that any agency relationship existed and/or was
ever created between the 1-'t and 2nd Defendant."ln any event, the l-'t
Defendant shall aver that whereas the relationship between the l-'t and 2nd
Defendants at the material time is and/or was merely emplover-emplovee
relationship, the same did not create any agency, presumed, implied
andlor express, between the Defendants and the Plaintiff;

v) The l-'t Defendant was never stated to be the payer of the bill, nor was it the
patient's next of*in at all;

vi) Particulars of Special damages as pleaded arE denied and the 1't Defendant
shall put the Plaintiff to strict proof thereof; V

vii) The l't Defendant denies being indebted to the Plaintiff in the sums claimed,
or at all;
 viii) Accordingly, the Plaintiff has no valid cause of action against the l-'t
Defendant;

6 Save as aforesaid, contents of paragraphs 4, 5,6,7,8,9, and L0 of the Plaint are

denied and the Plaintiff shall be put to strict proof thereof.

7 The l-'t Defendant do submit to the jurisdiction of this Honourable Court.

WHEREFORE the L't Defendant prays that the Plaintiffs suit be dismissed with costs

r^
Dated at Kampal athis#..day of October,2023

M& K Advocates
(couNSEL FoR THE 1sr DEFENDANT)

LODGED in this Honourable Court this ......day of 2023

REGISTRAR

DRAWN & FILED BY

l,*i,

M& K ADVOCATES
BMK HOUSE,3RD FLOOR, SUITE 311.,
PLOT NO.4-5 NYABONG RD, OFF WAMPEWO AV,
KOLOLO,
P.O. BOX 10204,
KAMPALA.
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(coMMERCTAL DTVTSTON)
(Civil Suit No.1219 of 2O231

NORVIK HOSPITAL LIMITED I PLAINTIFF

VERSUS

1. MPOWER OIL COMPANY LIMITED I

2. VIKAS BHANDARI I DEFENDANTS

SUMMARY OF EVIDENCE

L The 1't Defendant shall raise preliminary points of law as pleaded in the Plaint

2 The 1't Defendant denies any liability as alleged and shall seek for the suit to be
dismissed with costs.

LIST OF WITNESSES

1. The 2nd DefendanU and

2. Any others with leave of Court

LIST OF DOCUMENTS
L. All Annexures to the Written Statement of Defence; and
2. Any others with leave of Court.

LIST OF AUTHORI

L. The Civil Procedure Act, Cap. 7L;

2. The Civil Procedure Rules, 9b7L-L;
3. Case and Common law.
4. Any others with leave of Court.
 j
I
1
tt^
Dated at Kampala this J5. ArV of Octobe r 2023.

M& K Advocates
(couNSEL FoR THE lsr DEFENDANT)

DRAWN & FILED BY

M& K ADVOCATES
BMK HOUSE,3RD FLOOR, SUITE 311,
PLOT NO.4-5 NYABONG RD, OFF WAMPEWO AV,
KOLOLO,
P.O. BOX 10204,
KAMPALA.

a'