Wakilii

Crown Bottlers Limited v Mugume (Civil Suit 191 of 1993)

High Court · [1994] UGHC 64 · 1994 Judgment Partly Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for unconditional leave to defend a summary suit for recovery of money due for goods sold and delivered
Decision
Judgment entered for plaintiff for Shs. 3,360,000/= with costs. Defendant granted leave to defend the balance of the claim.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The defendant sought unconditional leave to defend a summary suit for recovery of cost of rubber bands. The defendant conceded liability for 700 packets. The court entered judgment for the plaintiff for the value of 700 packets at the contract price and granted the defendant unconditional leave to defend the residue of the claim in respect of 300 packets.

Outcome

Judgment entered for plaintiff for Shs. 3,360,000/= with costs. Defendant granted leave to defend the balance of the claim.

Facts

The plaintiff instituted a summary suit under Order 33 of the Civil Procedure Rules to recover Shs. 4,800,000/= as cost of 1,000 packets of rubber bands sold and delivered to the defendant. The defendant applied for unconditional leave to defend the suit. During the hearing, the defendant's counsel conceded that judgment could be entered for the plaintiff in respect of 700 packets and requested leave to defend the residue of the claim. The plaintiff's counsel agreed. According to the Local Purchase Order dated 14th January 1994 and Delivery Note dated 24th January 1994, each packet cost Shs. 4,800/=. The defendant disputed liability for 300 packets.

Issues

  1. Whether the applicant should be granted unconditional leave to defend the summary suit in full or in part.

Orders

  • The applicant/defendant to pay the respondent/plaintiff Shs. 3,360,000/= as the value of 700 packets of rubber bands with taxed costs.
  • The applicant granted unconditional leave to defend the suit in respect of 300 packets of rubber bands.
  • The taxed costs under (a) to be paid at the conclusion of the trial for 300 packets.
  • The applicant must file his Written Statement of Defence within ten (10) days from the date hereof.
  • Costs in respect of the application shall be in the cause.

Legislation cited (6)

  • Civil Procedure Rules O.53 r.3
  • Civil Procedure Rules O.53 r.4
  • Civil Procedure Rules O.48 r.1
  • Civil Procedure Rules O.48 r.2
  • Civil Procedure Rules O.48 r.3
  • Civil Procedure Rules O.33

Full judgment

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Crown Bottlers Limited v Mugume (Civil Suit 191 of 1993) [1994] UGHC 64 (18 May 1994)
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.