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Crown Papers (E.A) Limited v Umat Arafat Mutinye t a Marfan Stationers and General Supplies (Civil Suit 803 of 2025)

High Court · [2025] UGCOMMC 497 · 2025 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Summary suit for recovery of debt for unpaid stationery supplies
Decision
Default judgment entered for the plaintiff for the full amount claimed plus interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court entered default judgment in favour of the plaintiff under Order 36 rule 3(2) of the Civil Procedure Rules. The defendant was properly served with summons on 10 July 2025 but failed to file an application for leave to appear and defend within the ten-day period. The plaintiff was therefore entitled to judgment for the principal sum claimed, interest at 8% per annum from the date of default, and costs.

Outcome

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

Facts

The plaintiff supplied stationery to the defendant trading as Marfan Stationers and General Supplies between 13 August 2023 and 2 September 2024. The total value of goods supplied was UGX 174,350,000. The defendant made part payment leaving an outstanding balance of UGX 86,350,000 unpaid and overdue as at 3 July 2025 when the suit was filed. Summons were served on the defendant on 10 July 2025 at his business premises where a person acknowledged receipt. The defendant was further notified by phone call and WhatsApp message. The defendant failed to file an application for leave to appear and defend within the prescribed ten-day period which elapsed on 20 July 2025.

Issues

  1. Whether the plaintiff is entitled to default judgment under Order 36 rule 3(2) of the Civil Procedure Rules where the defendant failed to apply for leave to appear and defend within the prescribed period.

Orders

  • Judgment entered in favour of the plaintiff.
  • Defendant to pay UGX 86,350,000 being the principal sum.
  • Interest of 8% per annum on the decretal sum from the date of default until judgment.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Civil Procedure — Summary Procedure — Default Judgment — Entitlement Where Defendant Fails to Apply for Leave to Defend
Under Order 36 rule 3(2) of the Civil Procedure Rules, where a defendant fails to apply for leave to appear and defend within the period fixed by the summons served upon him, the plaintiff is entitled to a decree for an amount not exceeding the sum claimed in the plaint, together with interest and costs.
Civil Procedure — Service of Process — Substituted Service — Service at Business Premises
Service of summons may be effected by leaving the summons at the defendant's business premises where a person acknowledges receipt, and such service may be supplemented by notification via phone call and electronic messaging.

Legislation cited (1)

Full judgment

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Crown Papers (E.A) Limited v Umat Arafat Mutinye t a Marfan Stationers and General Supplies (Civil Suit 803 of 2025) [2025] UGCommC 497 (20 August 2025)
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.