Abacus Pharma (Africa) LTD v Maiku & Another (CIVIL SUIT NO. 62 OF 2014)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

In a debt recovery suit for pharmaceutical supplies on credit, the court held that where a defendant admits liability for a specific sum but the plaintiff claims a higher amount without corroborating the financial statements presented, the court will only grant judgment for the admitted amount. Facts admitted under the Evidence Act need not be proved. Judgment entered for UGX 17,000,000 being the balance of the admitted debt after partial payment.

Outcome

Judgment for plaintiff for admitted debt with interest and costs

Facts

The plaintiff supplied pharmaceutical goods on credit to the defendants' drug shops between January 2011 and January 2012. The plaintiff claimed the defendants owed UGX 55,158,520 after paying UGX 5,000,000 from an initial balance of UGX 60,158,520. Two cheques totaling UGX 20,000,000 were dishonoured. The defendants admitted owing UGX 25,000,000 as full settlement. At trial commencement, defendants paid UGX 8,000,000 and were granted time to pay the balance of UGX 17,000,000. The plaintiff testified to the higher claimed amount but produced financial statements without corroborating evidence explaining how the figures were calculated. Neither party appeared at the adjourned hearing.

Issues

1. Whether the defendants owe the plaintiff the sum of UGX 25,158,520.
2. Whether the plaintiff is entitled to the remedies sought.

Orders

• Judgment entered for the plaintiff for payment of UGX 17,000,000 (Seventeen million shillings only).
• Interest at 15% per annum from the date of filing the suit till payment in full.
• Costs to the plaintiff.

Rules and key headnotes

Legislation cited (4)

• Evidence Act Cap 6 s.101
• Evidence Act Cap 6 s.102
• Evidence Act s.22
• Civil Procedure Rules Order 17 Rule 4

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Kasango v Matovu (HCT-00-CC-MA 417 of 2014)

The original judgment as reported. Read the original PDF before relying on any passage.