Wakilii

Eriku Jackson v Ojamaniku Smith (Miscellaneous Application No. 2 of 2025)

High Court · [2025] UGHC 865 · 2025 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appear and defend arising from summary suit for debt recovery
Decision
Conditional leave to defend granted; partial judgment on admission entered for admitted sum

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Holding

The court granted the applicant conditional leave to appear and defend a summary suit for debt recovery, finding that triable issues of fact and law existed regarding the amount paid and the terms of the loan agreement. The court entered judgment on admission for UGX 45,493,400 which the applicant admitted owing, conditional upon payment within thirty days and filing of defence within the same period.

Outcome

Conditional leave to defend granted; partial judgment on admission entered for admitted sum

Facts

The applicant borrowed USD 40,000 (equivalent to UGX 152,000,000) from the respondent to finance a business transaction with Kiboko Uganda Limited. The parties agreed on monthly repayments of UGX 10,000,000 for two years, totalling UGX 240,000,000. The applicant defaulted and informed the respondent he would only pay the principal. The applicant claimed to have paid UGX 106,506,600 through cash payments of UGX 40,000,000, payments in kind of UGX 60,506,600, and a bank transfer of UGX 6,000,000 to the respondent's daughter's account. The respondent denied receiving UGX 106,506,600 and admitted only receiving UGX 59,500,000 as interest for June to November 2024. The respondent filed a summary suit for debt recovery. The applicant applied for leave to appear and defend, admitting in his affidavit that he owed UGX 45,493,400.

Issues

  1. Whether the application for leave to appear and defend should be granted.
  2. What remedies are available to the parties.

Orders

  • Application for leave to appear and defend granted.
  • Judgment on admission entered against the Applicant for UGX 45,493,400 payable to the Respondent.
  • Payment to be made within thirty days from the date of delivery of this ruling.
  • Applicant to file and serve written statement of defence within thirty days.
  • Leave to defend granted on condition that UGX 45,493,400 is paid within the prescribed period.
  • Costs to abide the outcome of the main cause.

Rules and key headnotes

Civil Procedure — Summary Suits — Leave to Appear and Defend — Test for Granting Leave
An applicant seeking leave to appear and defend under Order 36 rule 4 of the Civil Procedure Rules must show a good defence on the merits, or that a difficult point of law is involved, or that there is a genuine dispute which ought to be tried, or any other circumstances showing reasonable grounds of a bona fide defence.
Civil Procedure — Summary Suits — Triable Issues — Distinction from Mere Denial
A triable issue must be distinguished from mere denial, and the defence raised must not be a sham defence intended to delay recovery. The defence must be stated with sufficient particularity to appear genuine; general or vague statements denying liability will not suffice.
Civil Procedure — Judgment on Admission — Court's Suo Moto Power
Under Order 13 rule 6 of the Civil Procedure Rules, where an admission of facts has been made either on the pleadings or otherwise, the court may suo moto enter judgment on the admission for the amount admitted without waiting for determination of other questions between the parties.
Civil Procedure — Leave to Defend — Conditional Grant
Where an applicant admits owing part of the sum claimed but disputes the balance, the court may grant conditional leave to defend, requiring payment of the admitted sum within a specified period as a condition for leave to file a defence to the disputed balance.

Legislation cited (2)

Cases cited (4)

  • Africa One Logistics Ltd v Kazi Food Logistics (U) Ltd (Miscellaneous Application No. 964 of 2019)
  • MMK Engineering v Mantrust Uganda Limited (High Court Miscellaneous Application No. 128 of 2021)
  • Bhaker Kotecha v Adum Muhammed [2002] 1 EA 112
  • Maluku Interglobal Trade Agency Ltd v Bank of Uganda [1985] HCB 65

Full judgment

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

Eriku Jackson v Ojamaniku Smith (Miscellaneous Application No. 2 of 2025) [2025] UGHC 865 (5 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.