the parties upon which they can prepare and present
their respective cases and upon which the court will
be called upon to adijucate between them. It thus
serves the double purposes of informing each party
what is the case of the opposite party which will
govern …….the trial and which the court will have
to determine at the trial”
In DFCU Bank LTD Vs Dr. Nakate Lusejjere C.A.C.A No. 21 of 2004
(Unreported), Byamigisha JA had this to say.
“The system of pleadings is designed not only to
define with precision and clarity the issues or
questions which are disputed between the parties but
also to fulfill some of the most fundamental
principles of natural justice. These are that each
party should have a reasonable opportunity of
answering the claim or defence of his/her opponent
and
each
party
should
have
a
reasonable
opportunity of preparing and presenting his/her
case.”
In Esso Petroleum Company Ltd Vs South Port corporation [1956] AC 218 Lord
Norman stated the purpose thus:“The function of pleadings is to give a fair notice of a
case which has to be met so that the opposite party
may direct his evidence to the issues disclosed by
them”.
In C.A Bisuti Vs Busoga District Administration C.S. No 83 of [1969] the court
addressing its mind to the function of particulars in pleadings had this to say:“The function of particulars was to carry into
operation the overriding principle that the litigation
between the parties and particularly the trial should
be conducted fairly, openly and without surprise.
They served to inform the other side of the nature of
the case they had to meet as distinguished from the