Wakilii

Bemuga Forwarders Limited v Noytech Logistics and Trading Sole Proprietorship (Civil Suit No. 0173 of 2025; Miscellaneous Application No. 0633 of 2025)

High Court · [2026] UGCOMMC 85 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for unconditional leave to appear and defend a summary suit under Order 36 Rule 4 of the Civil Procedure Rules
Decision
Applicant granted unconditional leave to appear and defend; matter to proceed to full hearing on the merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court granted the applicant unconditional leave to appear and defend the summary suit. Although the application was filed three days late, the delay was not inordinate. The applicant raised a triable issue regarding the court's jurisdiction, specifically whether the dispute resolution mechanisms in the agreement (mediation and arbitration) had been exhausted. The Court held that even one bona fide triable issue entitles a defendant to leave to defend.

Outcome

Applicant granted unconditional leave to appear and defend; matter to proceed to full hearing on the merits

Facts

The Respondent filed a summary suit against the Applicant arising from an agency agreement. The Applicant's former Chief Executive Officer, Ronald Kanyerezi, signed the agreement allegedly without the knowledge or consent of other shareholders and directors. USD 450,000 was wired to the Applicant's account, which Kanyerezi claimed was received as agent for third parties and was disbursed to them. Kanyerezi's employment was subsequently terminated and a police investigation commenced. The Applicant applied for unconditional leave to appear and defend, arguing inter alia that the suit was premature because the dispute resolution mechanisms in the agreement had not been exhausted. The Respondent objected that the application was filed three days out of time.

Issues

  1. Whether the application for leave to appear and defend was filed out of time.
  2. Whether the applicant should be granted unconditional leave to appear and defend Civil Suit No. 0173 of 2025.

Orders

  • Application granted.
  • Applicant granted unconditional leave to appear and defend Civil Suit No. 0173 of 2025.
  • Applicant to file Written Statement of Defence within 14 days from the date of this ruling.
  • Costs to abide by the main cause.
  • Preliminary objection dismissed.

Rules and key headnotes

Civil Procedure — Summary Procedure — Application for Leave to Defend — Time for Filing
Where an application for leave to appear and defend under Order 36 Rule 4 is filed three days past the period fixed by the summons, the delay is not inordinate and the application should not be dismissed on that ground alone.
Civil Procedure — Summary Procedure — Leave to Defend — Test for Granting Leave
A defendant will be granted leave to appear and defend a summary suit if he can show a good defence on merit, that a difficult point of law is involved, that a dispute exists as to facts which ought to be tried, that a dispute exists as to the amount claimed requiring a taking of accounts, or that there are other circumstances showing reasonable grounds of a bona fide defence.
Civil Procedure — Summary Procedure — Leave to Defend — Bona Fide Triable Issue
If the defence raises even one bona fide triable issue, the defendant must be given leave to defend and the court need not assess all other defences raised.
Civil Procedure — Jurisdiction — Arbitration Clause — Triable Issue
Where a defendant raises the issue of whether the court has jurisdiction over a dispute in light of a mandatory mediation and arbitration clause in the underlying agreement, this constitutes a triable issue warranting leave to defend.

Legislation cited (2)

Cases cited (2)

  • Kotecha v Mohammed [2002] 1 EA 112
  • Postal Corporation of Kenya v Inamdar & 2 Others [2004] 1 KLR 359

Full judgment

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

Bemuga Forwarders Limited v Noytech Logistics and Trading Sole Proprietorship (Civil Suit No. 0173 of 2025; Miscellaneous Application No. 0633 of 2025) [2026] UGCommC 85 (23 Februa
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.