Cargowell International Limited v Huang Guan Steel(U) Limited (Civil Suit 1305 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.
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
Where a defendant fails to file a defence and interlocutory judgment is entered, the plaintiff must still prove entitlement to relief on a balance of probabilities. The court found the plaintiff proved its claim for the outstanding contractual balance of USD 117,148.16 for transportation and logistics services rendered under a contract dated 12 January 2025. Judgment entered for the plaintiff with interest at court rate from date of suit until payment in full.
Outcome
Judgment entered for the plaintiff for USD 117,148.16 with interest at court rate from date of suit until payment in full and costs
Facts
On 12 January 2025, the defendant contracted with the plaintiff for transportation and logistics services. The plaintiff delivered 86 trucks of cargo to the defendant's premises and cleared the goods to the appointed destination. The total contractual sum was USD 477,775.16 (exclusive of USD 77,775.16 waiver). Payment was to be made upon demand or issue of invoices. The defendant made partial payments totalling USD 360,627, leaving a balance of USD 117,148.16 unpaid despite demand. The plaintiff issued a demand notice on 14 October 2025 for USD 277,775.16. The defendant made a further partial payment of USD 140,313.46 but failed to pay the remaining balance. The defendant did not file a defence despite being served.
Issues
- Whether the plaintiff is entitled to the remedies sought in the plaint?
Orders
- The defendant shall pay to the plaintiff a sum of USD 117,148.16 being the outstanding balance for the services rendered under the contract.
- Interest is awarded on the above sum at court rate from the date of filing this suit until payment in full.
- The plaintiff is awarded costs of the suit.
Rules and key headnotes
Legislation cited (5)
Cases cited (3)
- Haji Asuman Mutekanga v Equator Growers (U) Ltd (Supreme Court Civil Appeal No. 07 of 1995)
- Mohanlal Kakubhai Radia v Warid Telecom (High Court Civil Suit No. 234 of 2011)
- Kinyera v The Management Committee of Laroo Boarding Primary School (High Court Civil Suit No. 099 of 2013)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.