Jainson Cables India Private Limited v Akvo International Limited (Miscellaneous Application 2421 of 2024)
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Holding
The court dismissed the application to strike out the defence. It held that the defence was neither a general nor an evasive denial under Order 6 Rules 8 and 10 of the Civil Procedure Rules, because it responded to the point of substance by denying indebtedness and asserting that the debt had been fully repaid by 28 June 2024. The omission to annex proof of payment was not fatal, as such evidence is properly led at trial. Because the defence was deemed proper, the question of summary judgment was rendered moot. The application was dismissed and the main suit directed to proceed to scheduling.
Facts
The applicant instituted Civil Suit No. 1146 of 2024 to recover USD 144,028 said to be an outstanding business debt arising from an agreement for the supply of goods. Under that agreement, 30% of the price was an advance payment and the 70% balance was payable within 90 days of the bill of lading. The respondent paid the 30% advance and the applicant delivered the goods, but the respondent allegedly failed to pay the balance, prompting the suit. The respondent filed a defence generally denying the claims and asserting that it had fully repaid the entire debt by 28 June 2024, without annexing proof of payment. The applicant contended that the defence was a general and evasive denial that disclosed no reasonable defence, and applied to strike it out and obtain judgment on the liquidated sum.
Issues
- Whether the Respondent's defence should be struck off the record for offending Order 6 of the Civil Procedure Rules.
- Whether the Applicant is entitled to summary judgment on the liquidated sum claimed.
- What reliefs are available to the parties.
Orders
- This application is dismissed.
- Costs of this application shall follow the outcome of Civil Suit No. 1146 of 2024.
- The parties are directed to file and serve their respective trial bundles and witness statements by 28 April 2025, with scheduling of the suit to proceed on 6 May 2025 at 10:00am.
Key headnotes
Legislation cited (7)
- Civil Procedure Act
- Civil Procedure Rules Order 6 Rule 8
- Civil Procedure Rules Order 6 Rule 10
- Civil Procedure Rules Order 6 Rule 30
- Civil Procedure Rules Order 9 Rule 11(2)
- Civil Procedure Rules Order 52 Rule 1
- Civil Procedure Rules Order 52 Rule 3
Cases cited (2)
- Namadashanker Manishanker Joshi v Uganda Sugar Factory Ltd (Civil Appeal No. 16 of 1968)
- HCMA No. 67 of 2022