Babirye v Mutyaba (HCT-00-CC-CS 39 of 2017)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court granted leave to appear and defend, holding that claims for interest and general damages require proof and cannot form part of a liquidated claim under Order 36. Where the memorandum of understanding did not provide for interest, and general damages were claimed, issues of triability arose entitling the applicant to file a defence.
Outcome
Applicant granted leave to file defence
Facts
The applicant borrowed UGX 250,000,000 from the respondent. The applicant subsequently made payments to the respondent. The applicant claimed she had paid all sums due. The respondent claimed UGX 80,000,000 remained outstanding and filed a summary suit under Order 36 seeking this sum plus interest and general damages. The applicant applied for leave to appear and defend, arguing she had repaid all amounts and was not liable.
Issues
- Whether the applicant should be granted leave to appear and defend the summary suit.
- Whether the respondent's claim qualifies as a liquidated claim under Order 36.
Orders
- Application granted.
- Applicant to file a defence within 10 days from the date of the ruling.
Rules and key headnotes
Legislation cited (1)
- Order 36
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.