In Black Markets Records Ltd v Malinga Sulaiman & 3 Others, Misc. Appln No. 2788 of 2023, the High Court of Uganda, in a case we successfully defended on behalf of our client, clarified on which persons are allowed to swear an affidavit on behalf of a company.
The court reiterated that individuals authorised to swear an affidavit on behalf of a company are its directors, secretary, principal officer, or any other senior officer authorised in writing to represent the company.
It further held that the determination of the deponent's capacity to swear an affidavit on behalf of a company typically hinges on the attachment of supporting evidence to the same affidavit. Consequently, the affidavit should not only specify the capacity in which the deponent is making the statement but must also include proof of such capacity, such as an identification document.
Therefore, the absence of any evidence validating the capacity under which the deponent swears the affidavit on behalf of the company renders the affidavit incompetent and fatally defective.
The Applicant’s affidavit was struck out for having been sworn by a person other than the above mentioned and failing to attach any identification of the deponent, the application dismissed.
DISCLAIMER: This article is for general information only and reflects the position at the date of publication. It does not constitute legal advice. For any further information or advice relating to this article, please contact us.
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