Wakilii

Eclipse Services Ltd v Kiboko Enterprises Ltd (Miscellaneous Application 872 of 2026)

High Court · [2026] UGCOMMC 269 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appear and defend in a summary suit
Decision
Applicant granted leave to defend; matter to proceed to full trial

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

The court granted the applicant unconditional leave to appear and defend the summary suit. The applicant disputed the sum claimed and provided evidence of payments totalling UGX 247 million against a claim of UGX 216,682,057. The court held that this raised a triable issue as to whether the debt was owed, placing the matter outside the scope of summary procedure under Order 36 of the Civil Procedure Rules.

Outcome

Applicant granted leave to defend; matter to proceed to full trial

Facts

The respondent filed a summary suit claiming UGX 216,682,057 from the applicant. The applicant sought leave to appear and defend, contending that it had already made payments totalling UGX 247 million during the period of July to October 2025. The applicant provided bank statements as evidence of these payments. The respondent did not file an affidavit in reply and did not appear at the hearing despite being served on 25 May 2026.

Issues

  1. Whether the Applicant should be granted leave to appear and defend in Civil Suit No. 174 of 2026.

Orders

  • The Applicant is hereby granted unconditional leave to appear and defend Civil Suit 174 of 2026.
  • The Applicant shall file and serve its Written Statement of Defence within fifteen (15) days from the date of this Ruling.
  • The Respondent shall file and serve its reply to the Written Statement of Defence within fifteen (15) days from the date of receipt of the Written Statement of Defence.
  • Costs of this application shall be in the cause.

Rules and key headnotes

Civil Procedure — Summary Suits — Leave to Appear and Defend — Test to be Applied
In an application for leave to appear and defend a summary suit, the defendant is not bound to show a good defence on the merits but must satisfy the court that there is an issue or question in dispute which ought to be tried, and the court shall not enter upon the trial of issues disclosed at that stage.
Civil Procedure — Summary Suits — Disputed Debt — Triable Issue
Where a defendant disputes the sum claimed in a summary suit and provides evidence of payments that may reduce or extinguish the alleged debt, this raises a triable issue as to whether the debt is owed, placing the plaint outside the ambit of Order 36 of the Civil Procedure Rules.
Evidence — Affidavit Evidence — Failure to Rebut — Effect
Facts adduced in affidavit evidence that are neither denied nor rebutted are presumed to be admitted.

Legislation cited (1)

Cases cited (2)

  • William Akankwasa v Registrar of Titles (HCMA No. 33 of 2008)
  • Maluku Interglobal Trade Agency Ltd v Bank of Uganda [1985] HCB 65

Full judgment

↓ Download PDF

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

Eclipse Services Ltd v Kiboko Enterprises Ltd (Miscellaneous Application 872 of 2026) [2026] UGCommC 269 (2 June 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.