Cornerstone Design and Engineering Ltd v Andrew Ongodia and Others (Civil Suit No. 637 of 2024)

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.

Holding

The High Court Commercial Division entered default judgment against defendants who failed to apply for leave to appear and defend a summary suit within the prescribed 10-day period after service. The court awarded the plaintiff the liquidated sum claimed, interest at 20% per annum from the date of default, and costs.

Outcome

Default judgment entered in favour of the plaintiff for the full amount claimed plus interest and costs

Facts

The plaintiff instituted a summary suit under Order 36 of the Civil Procedure Rules seeking recovery of UGX 129,721,000 arising from batch tracking documents acknowledging receipt by the defendants. The defendants were served by substituted service on 18 September 2024. The defendants failed to file an application for leave to appear and defend within the mandated 10-day period. The plaintiff appeared through counsel and prayed for default judgment.

Issues

1. Whether the plaintiff is entitled to default judgment where the defendants failed to apply for leave to appear and defend within the prescribed period.

Orders

• Default judgment entered for the plaintiff against the defendants.
• Judgment for the liquidated sum of UGX 129,721,000.
• Interest at 20% per annum on the decretal sum from the date of default until judgment in accordance with Section 27 of the Civil Procedure Act.
• Costs of the suit awarded to the plaintiff.

Legislation cited (4)

• Civil Procedure Rules Order 36 rule 2
• Civil Procedure Rules Order 36 rule 3
• Civil Procedure Rules Order 36 rule 3(2)
• Civil Procedure Act s.27

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