By Nomad Advocates
The High Court of Uganda, Commercial Division, presided over by Hon. Lady Justice Patience T.E. Rubagumya, has dismissed Miscellaneous Application No. 2347 of 2025 filed by Mr. Kasulu Paul against Nsiika Financial Services Ltd. The application sought an order compelling the Respondent to produce various financial documents related to ten prior loan facilities and a reconciliation of discrepancies in the demand notice, official statement, and system ledger extract for a loan disbursed in May 2023.
The Applicant argued that the requested documents were necessary to clarify inconsistencies in the financial records and reconcile figures related to the loan. He claimed that the loan in question was a continuation of a prior credit relationship and that the Respondent had failed to provide the requested documents despite being served with a notice.
The Respondent, represented by M/s Nomad Advocates, opposed the application, stating that the request was a “fishing expedition” and that the sought documents were irrelevant to the main suit. They argued that the Applicant already possessed the necessary documents and that any discrepancies could be addressed during the trial.
In her ruling, Justice Rubagumya emphasized that discovery should not be used to build an uncertain case and must meet criteria such as relevancy, materiality, and necessity for resolving the suit. She found that the requested documents related to prior loan facilities were irrelevant to the main suit, which focused solely on the May 2023 loan. Additionally, she noted that the Applicant already had access to the key documents and that any discrepancies could be addressed during the trial.
The Court concluded that the application lacked merit and dismissed it with costs awarded to the Respondent. The ruling was delivered electronically on January 23, 2026, under the Judicature (Electronic Filing, Service, and Virtual Proceedings) Rules, 2025.