Wakilii

Buyinza v M S Hardware World Ltd (HCMA 889 of 2015)

High Court · [2016] UGCOMMC 16 · 2016 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for unconditional leave to defend a summary suit arising from Civil Suit No. 610 of 2015
Decision
Applicant granted unconditional leave to defend the suit

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 file a defence to the summary suit. The court held that the affidavits in support and rejoinder contained no material falsehoods or inconsistencies warranting their rejection. The applicant raised genuine triable issues, particularly concerning liability for construction materials supplied to third-party enterprises and the authority for operational expenses incurred by the respondent. The claim involved numerous disputed items requiring detailed investigation unsuitable for summary determination.

Outcome

Applicant granted unconditional leave to defend the suit

Facts

The respondent/plaintiff, M/S Hardware World Limited, sued the applicant/defendant for UGX 108,200,041 in a summary suit, alleging the debt arose from supply of construction materials and operational costs for the applicant's trucks (UAN 351 L and UAN 461 F) which ferried cement under the respondent's control. The respondent claimed it met operational costs including driver salaries, fuel, repairs, spare parts, GPS tracking, and third-party insurance, all to be deducted from the applicant's entitlement. The applicant denied the debt, contending he never owed any money and that part of the claim related to construction materials supplied to two separate entities, Prima Traders Enterprises and Nicole Associates, for which he should not be liable. He further disputed that the respondent was entitled to incur repair and operational expenses without his consent, alleging the respondent ceased seeking his consent around 2013 and engaged in exaggerated expenses. The applicant sought unconditional leave to defend and filed a proposed written statement of defence and counterclaim asserting the respondent owed him money.

Issues

  1. Whether the applicant/defendant has demonstrated triable issues warranting unconditional leave to defend a summary suit under Order 36 of the Civil Procedure Rules.
  2. Whether the applicant's affidavit in support and rejoinder contained falsehoods or inconsistencies sufficient to strike them out.
  3. Whether the claim by the respondent for UGX 108,200,041 is a liquidated debt or demand arising from a contract suitable for determination in summary proceedings.

Orders

  • Application granted.
  • Applicant granted unconditional leave to file a defence to Civil Suit No. 610 of 2015 within 14 days from the date of the order.
  • Costs of the application to abide the outcome of the suit.

Rules and key headnotes

Civil Procedure — Summary Suits — Leave to Defend — Test for Grant of Unconditional Leave
In an application for leave to defend a summary suit under Order 36 of the Civil Procedure Rules, the defendant is entitled to unconditional leave to defend if he demonstrates a genuine defence either in fact or law, or discloses an issue or question in dispute which ought to be tried. The defendant is not required to show a good defence on the merits but must demonstrate that there is a bona fide defence stated with sufficient particularity as to appear genuine.
Civil Procedure — Summary Suits — Purpose and Scope — When Summary Procedure Appropriate
The purpose of a summary suit is to enable a plaintiff to obtain quick judgment where there is plainly no defence to the claim. Summary proceedings should not be allowed to become a means for obtaining an immediate trial of an action requiring lengthy determination of complex points of law or fact. Where the claim involves numerous disputed items requiring detailed investigation of accounts and disputed facts, summary procedure is inappropriate.
Civil Procedure — Affidavits — Alleged Inconsistencies — When Court Will Strike Out Affidavit
An affidavit will not be struck out on grounds of inconsistency or falsehood unless the alleged contradictions are material and go to the root of the matter. Where the alleged inconsistencies arise from differences between factual depositions and proposed pleadings not yet filed, or where alleged contradictions can be reconciled on a fair reading, the affidavit will not be rejected. Information about events and consent for those events are distinct matters and do not constitute inconsistencies.

Legislation cited (5)

Cases cited (7)

  • Home and Overseas Insurance Co Ltd v Mentor Insurance Co (UK) Ltd (In Liquidation) [1989] 3 All ER 74
  • Maluku Interglobal Agency Ltd v Bank of Uganda [1985] HCB 65
  • Photo Focus Ltd v Group 4 Security Ltd (Civil Appeal No. 30 of 2000)
  • K. Besigye vs. Y.K Museveni
  • Lissender v CAV Bosch Ltd [1940] AC 413
  • Bitaitana v Kananura [1977] HCB 34
  • Uganda v Commissioner of Prisons Ex Parte Matovu (1966) EA 514

Full judgment

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

Buyinza v M S Hardware World Ltd (HCMA 889 of 2015) [2016] UGCommC 16 (23 February 2016)
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.