Adil Abdullah v Aim Coffee Ltd (Miscellaneous Application No. 1884 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court granted unconditional leave to the applicant to appear and defend the underlying summary suit. The respondent's counsel consented to the application in writing, making determination on the merits unnecessary. The applicant was directed to file his written statement of defence within 15 days, with costs in the cause.
Outcome
Applicant granted leave to defend; matter proceeds to full hearing on the merits
Facts
The applicant and Haji Nsamba, a director of the respondent company, engaged in a business relationship involving coffee sales from 2014. The respondent claimed the applicant owed UGX 253,187,547 for coffee supplied between February and March 2022, and that the applicant had acknowledged this debt in a settlement agreement. The applicant denied the indebtedness, claiming he was owed profit shares from the partnership and that the respondent's accounting showed discrepancies totaling over UGX 970 million in unaccounted funds. The respondent initially opposed the application but later, through new counsel, consented to granting leave to defend.
Issues
- Whether the applicant should be granted unconditional leave to appear and defend Civil Suit No. 0989 of 2022.
Orders
- Applicant granted unconditional leave to appear and defend Civil Suit No. 989 of 2022.
- Written statement of defence to be filed within 15 days from 31st December 2024.
- Costs of this application to be in the cause.
Legislation cited (5)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.