Wakilii

Buganda Tea Estates v Nakabiri (HCT-00-CC-CS 128 of 2009)

High Court · [2013] UGCOMMC 109 · 2013 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Summary suit for recovery of debt heard ex parte after defendant failed to attend
Decision
Judgment entered for plaintiff in the sum claimed with interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that the defendant was liable to pay the outstanding debt of UGX 53,299,934/= for tea supplied on credit. The defendant's pleaded defence that she acted as agent for the plaintiff was unsupported by evidence. Interest at 21% per annum from the date of filing suit was awarded on the commercial transaction.

Outcome

Judgment entered for plaintiff in the sum claimed with interest and costs

Facts

The plaintiff supplied tea to the defendant on various occasions under a credit arrangement. The defendant acknowledged receipt by signing vouchers. The plaintiff maintained a ledger account showing an outstanding balance of UGX 53,299,934/= which the defendant refused to pay despite demands. During pre-trial scheduling, the defendant and her counsel stopped attending court. Substituted service was effected through newspaper publication, but the defendant still failed to attend. The matter proceeded ex parte. In her written statement of defence, the defendant had averred she was acting as agent for the plaintiff when supplying tea to South Sudan nationals who defaulted on payment, but she adduced no evidence at trial to support this defence.

Issues

  1. Whether the Defendant owes the plaintiff UGX 53,299,934/=
  2. What are the remedies available to the parties

Orders

  • Defendant to pay the plaintiff UGX 53,299,934/=
  • Interest at 21% per annum from the date of filing suit until payment in full
  • Costs awarded to the plaintiff

Rules and key headnotes

Ex Parte Proceedings — Failure to Attend After Service
Where a defendant fails to attend court despite being served by substituted service through newspaper publication as directed by the court, the court may proceed to hear the matter ex parte and enter judgment based on the evidence before it.
Burden of Proof — Agency Defence
Where a defendant pleads that she acted as agent and not in her personal capacity, but adduces no evidence at trial to establish the agency relationship, the defence fails and the defendant is held personally liable.
Debt Recovery — Documentary Evidence
Signed vouchers acknowledging receipt of goods and a ledger account maintained by the creditor constitute sufficient evidence to establish a debt for goods supplied on credit.
Interest on Commercial Debts
In commercial transactions, interest at the rate of 21% per annum from the date of filing suit until payment in full is an appropriate award.

Cases cited (1)

  • Habre International Co. Ltd v Ebrahim Alarakia Kassam & 7 Others (Civil Appeal No. 4 of 1999)

Full judgment

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

Buganda Tea Estates v Nakabiri (HCT-00-CC-CS 128 of 2009) [2013] UGCommC 109 (4 June 2013)
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.