An Affidavit is a sworn statement of truth that confirm the existence of certain facts in any case.

And an
affidavit in reply refers to a sworn statement of truth in opposition to the facts alleged by the opposite
party in regard to the case in court

Our jurisdiction relies so much on affidavits that without one, Court will dismiss the case if an affidavit is
not filed in a suit that requires one to be present.

A person who swears an affidavit is called a deponent, affiant etc. depending on whatever jurisdiction.
Uganda prefers to call them deponents.

While drafting an affidavit one should put in mind the provisions of the entire Order XIX of the civil
procedure rules which is to the effect that;

1. Power to order any point to be proved by affidavit.

Any court may at any time for sufficient reason order that any particular fact may be proved by affidavit,
or that the affidavit of any witness may be read at the hearing, on such conditions as the court thinks
reasonable; except that where it appears to the court that either party bona fide desires the production
of a witness for cross-examination and that such witness can be produced, an order shall not be made
authorising the evidence of that witness to be given by affidavit.

2. Power to order attendance of deponent for cross-examination.

(1) Upon any application evidence may be given by affidavit, but the court may, at the instance of either
party, order the attendance for cross-examination of the deponent.

(2) The attendance shall be in court, unless the deponent is exempted from personal appearance in
court or the court otherwise directs.

3. Matters to which affidavits shall be confined.

(1) Affidavits shall be confined to such facts as the deponent is able of his or her own knowledge to
prove, except on interlocutory applications, on which statements of his or her belief may be admitted,
provided that the grounds thereof are stated.

(2) The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative
matter or copies of or extracts from documents shall, unless the court otherwise directs, be paid by the
party filing the affidavit.

An affidavit in reply is to be filed within 15 days from the date of service by the applicant or the other
part, where as if there is noncompliance to the time frame the provisions of article 126 (2) (e) applies; In
the case of The ramgarhia Sikh society & Ors vs. The ramgarhia Sikh education &Ors Misc. Application
no. 352 of 2015 the learned judge stated as follows;

Rules of procedure are meant to give parties timelines within which to file and complete their pleadings.
The timelines that apply to a plaint and written statements of defense also apply to applications and
affidavits in reply and rejoinder. A reply to an application must be filed within 15 days from the date of
service of the application. Failure to file that affidavit in reply within 15 days puts the reply out of time
prescribed by the rules. Once a party is out of time, he or she must seek leave of court to file the
affidavits in reply outside the prescribed time. Therefore, I will find that the affidavits in reply of the 1st
to 7th respondents were filed out of time.

However, learned counsel for the respondents prayed in the alternative that court should exercise its
discretionary powers to enlarge the time and admit the affidavit in reply on the ground that it is in the
best interest of justice. Learned counsel relied on the case of Koluo Joseph Andrew & 20 others Vs. the
Attorney General and others Misc. Cause No.106 of 2010 and Section 96 of the Civil Procedure Act and
order 52 Rule 6 of the Civil Procedure Rules for this submission.

In view of this owning up of the omission by learned counsel for the 1st to the 7th respondent and
request of indulgence of this court, I will find that in the interest of justice, the affidavit in reply will be
admitted in order to allow court to finally and effectively dispose of this matter. The delay in this case
was not as long as that which was in Stop and See case (supra) quoted above of over six months. In this
case, it was only a matter of days. The 1st to 7th respondents shall pay costs to the applicants for the
preliminary point of law.

Furthermore in replying to an affidavit, one should consider replying to each and every paragraph as
laid down in the affidavit he or she is replying to, any paragraph left out is presumed to be admitted

Advocates normally draft affidavits from the testimony/witness/account of the deponents.

All exhibits to affidavits shall be securely sealed to the affidavits under the seal of the commissioner and
shall be marked with serial letters of identification, this is provided for under rule 8 of the commissioner
for oath rules

An affidavit should bear the date when it was sworn

The deponent must sign an affidavit to confirm the source of the information stated there in and that it’s
true

An affidavit should be signed by the commissioner for oath and to note is that the commissioner for
oath must be an advocate from a different firm not from within the firm drafting the same

Where the deponent is illiterate his or her advocate should indicate in jurat that he or she red and
explained the contents in the affidavit to the deponent in the language he understands better.

NB: Do not lie in the affidavit. Affidavits are oaths of truth. A lie will infer perjury and perjury is a criminal
offence Section 94 of the Penal Code Act, Cap.120) and is penalized by imprisonment of up to seven
years (Section 97 of the PCA, Cap.120) Cross examiners thrive on oaths. If you perjure on oath, your case
is bad and the opposing counsel’s work is made easier and well paid for.
 THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA

MISC. APPL. NO.………………………. OF 2022

(ARISING OUT OF CIVIL SUIT NO. ………..OF 2022)

TUGUME::::::::::::::::::::::::::::::::::::: APPLICANT

VERSUS

OLLIVE:::::::::::::::::::::::::::::: RESPONDENTS

AFFIDAVIT IN REPLY TO CHAMBER SUMMONS

I olive of M/s Ambikire and Co Advocates 1st floor Rukurato building po box 004 fort portal, do solemnly
swear and state as follows;

1. THAT Iam the respondent herein and depon this affidavit in that capacity.

2. THAT I aver that with the help of my Advocate on record I have red and understood the contents of
the chamber summon herein and the affidavit of Tugume sworn in support thereof and I swear this
affidavit in reply thereto.

3. THAT in reply to paragraphs 2&3 the contents therein are denied in Toto to the extent that I adduced
evidence as the rightful own of the suit land in civil suit no 001 0f 2022 and judgment was entered in my
favor( attached here to is a copy of the judgment decree marked annexure “A”)

4. THAT in reply to paragraph 4 the contents therein are denied to the extent that it was in the
knowledge of the applicant that the suit land does not belong to him

5. THAT in reply to paragraph 5&6 I aver that the applicant was duly notified and served but deliberately
failed to appear and defend himself against civil suit no 001 of 2022 .(attached hereto is a copy of an
affidavit of service by the court process server marked as annexure “B”)

7. THAT in reply to paragraph 7,8&9, I have been advised by my Advocate of the afore mentioned
address which advice I verily believe to be true that the action of the applicant are intended to delay my
rights to enjoy my property which is un called for by law.

8. THAT in reply to paragraph 10 iam further informed by my advocate that the applicant’s application is
misconceived given that the applicant was duly served and notified about civil suit no 001 of 2022
against him.

9. THAT I swear this affidavit in opposition to the application to set aside an exparte judgment in high
court civil suit no 001 of 2022.

10. THAT it’s in the interest of justice that this application be dismissed with costs.
11. THAT what I have stated herein is true to the best of my knowledge.

SWORN at KAMPALA this_____day of _______2022

By the said OLIVE _________________ DEPONENT

BEFORE ME

COMMISSIONER FOR OATH

Drawn and filed by

Ambikire& Co Advocates

1st floor po box 004,

Fort portal
 lTHE REPUBLIC OF UGANDAIN

THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA

MISC. APPL. NO.………………………. OF 2022

(ARISING OUT OF CIVIL SUIT NO. ………..OF 2022)

TUGUME::::::::::::::::::::::::::::::::::::: APPLICANT

VERSUS

OLLIVE:::::::::::::::::::::::::::::: RESPONDENTS

AFFIDAVIT IN REPLY TO NOTICE OF MOTION

I olive of M/s Ambikire and Co Advocates 1st floor Rukurato building p o box 004 fort portal, do solemnly
swear and state as follows;

1. THAT Iam the respondent herein and depon this affidavit in that capacity.

2. THAT I aver that with the help of my Advocate of the aforementioned address I have red and
understood the contents of the application herein and the affidavit of Tugume sworn in support thereof
and I swear this affidavit in reply thereto.

3. THAT in reply to paragraphs 2&3 the contents therein are denied in Toto to the extent that I adduced
evidence as the rightful own of the suit land in civil suit no 001 0f 2022 and judgment was entered in my
favor( attached here to is a copy of the judgment decree marked annexure “A”)

4. THAT in reply to paragraph 4 the contents therein are denied to the extent that it was in the
knowledge of the applicant that the suit land does not belong to him

5. THAT in reply to paragraph 5&6 I aver that the applicant was duly notified and served but deliberately
failed to appear and defend himself against civil suit no 001 of 2022 .(attached hereto is a copy of an
affidavit of service by the court process server marked as annexure “B”)

7. THAT in reply to paragraph 7,8&9, I have been advised by my Advocate of the afore mentioned
address which advice I verily believe to be true that the action of the applicant are intended to delay my
rights to enjoy my property which is un called for by law.

8. THAT in reply to paragraph 10 iam further informed by my advocate that the applicant’s application is
misconceived given that the applicant was duly served and notified about civil suit no 001 of 2022
against him.

9. THAT I swear this affidavit in opposition to the application to set aside an exparte judgment in high
court civil suit no 001 of 2022.
10. THAT I it’s in the interest of justice that this application be dismissed with costs.11. THAT what I have
stated herein is true to the best of my knowledge.

SWORN at KAMPALA this_____day of _______2022

By the said OLIVE _________________ DEPONENT

BEFORE ME

COMMISSIONER FOR OATH

Drawn and filed by

Ambikire& Co Advocates

1st floor po box 004,

Fort portal