Wakilii

Christine Kyewalabye v Eng. Sakwa Darlington (Miscellaneous Application No. 3167 of 2024)

High Court · [2026] UGHCLD 173 · 2026 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for determination of interest payable on decretal sum following earlier court order
Decision
Interest quantified at UGX 58,987,500; respondent may execute consent judgment upon full payment

Observed later treatment

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Holding

Court determined that where a decree orders interest at court rate without specifying the percentage, the applicable rate is 6% per annum under s.26(3) of the Civil Procedure Act. Interest on the decretal sum of UGX 75 million was calculated at 6% per annum from 28 April 2009 to 6 June 2022, totalling UGX 58,987,500. The applicant's claim for 18% interest was rejected.

Outcome

Interest quantified at UGX 58,987,500; respondent may execute consent judgment upon full payment

Facts

The applicant sought determination of interest payable on a decretal sum following a court order in M/A 1051 of 2024 directing the respondent to pay interest at court rate from date of judgment until payment in full. The original decree was in HCCS No. 73 of 2007, with judgment dated 28 April 2009 for UGX 75 million. The respondent paid the principal sum on 6 June 2022. The parties disagreed on the interest rate: the applicant claimed 18% per annum while the respondent computed 6% per annum, arriving at UGX 58 million. The applicant argued the court had not categorically declared the interest rate and that the respondent's computation was absurd and inconsistent with the ruling.

Issues

  1. What is the correct rate of interest payable on the decretal sum following the court's order for interest at court rate?
  2. What is the total amount of interest payable from the date of judgment until payment in full?

Orders

  • Total interest payable is UGX 58,987,500.
  • Upon payment of the entire decretal sum plus interest, the respondent shall be at liberty to execute the consent judgment.
  • Each party shall meet their own costs for this application.

Rules and key headnotes

Civil Procedure — Interest on Decrees — Interpretation of Court Rate
Where a court orders interest at court rate without specifying a percentage, the applicable rate is 6% per annum as provided under s.26(3) of the Civil Procedure Act.
Damages & Quantum — Interest Calculation — Period and Method
Interest on a decretal sum runs from the date of judgment until the date of actual payment in full, and is calculated on an annual, monthly, and daily basis to determine the precise amount payable for the exact period.
Civil Procedure — Statutory Interpretation — Default Interest Rate
Section 26(3) of the Civil Procedure Act provides that where a decree is silent with respect to payment of further interest on the sum specified, the court shall be deemed to have ordered interest at 6% per year.

Legislation cited (2)

Full judgment

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Christine_Kyewalabye_v_Eng._Sakwa_Darlington_(Miscellaneous_Application_No._3167_of_2024)_[2026]_UGHCLD_173_(30_April_2026)
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.