Wakilii

Global Forwarders & Clearing Ltd v Henry Mugyenyi t a Kifaru High Court Bailiffs & Auctioneers (HCT-0-CC-CS 188 of 2002)

High Court · [2007] UGCOMMC 69 · 2007 Judgment for Plaintiff (Partial) AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of money had and received against a court bailiff
Decision
Plaintiff awarded Shs.2,225,922 with interest and 60% of taxed costs; claim for Shs.12,300,922 dismissed on grounds of equitable estoppel

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a judgment creditor, through its lawyers, participated in a meeting that agreed on distribution of recovered funds and subsequently accepted partial payment consistent with that agreement, the creditor is estopped from later claiming amounts it had agreed to forego. The plaintiff was not entitled to Shs.12,300,922 but was awarded the balance of Shs.2,225,922 on the bounced cheque with interest at 20% per annum from the date of filing.

Outcome

Plaintiff awarded Shs.2,225,922 with interest and 60% of taxed costs; claim for Shs.12,300,922 dismissed on grounds of equitable estoppel

Facts

The plaintiff obtained judgment against Uganda Revenue Authority (URA) in HCCS No. 583 of 1998. The defendant bailiff recovered Shs.80,048,055 from URA. A meeting was convened in the chambers of the plaintiff's lawyer where the distribution of the recovered funds was discussed. The parties dispute what was agreed at this meeting. The defendant paid the plaintiff Shs.15,000,000 in cash on 12 July 2001, then issued a cheque for Shs.26,225,922 which bounced. Subsequently, the defendant paid Shs.18,000,000, leaving a balance of Shs.8,225,922 on the bounced cheque. During the suit, the defendant paid a further Shs.6,000,000. The plaintiff claimed it was entitled to Shs.51,300,922 (principal and interest awarded in the judgment) but received only Shs.39,000,000, seeking the balance of Shs.12,300,922. The defendant contended that at the meeting, all parties agreed he would pay the plaintiff Shs.41,225,922 and retain the rest for extra-legal facilitation costs incurred in executing against URA.

Issues

  1. Whether the plaintiff is entitled to payment of Shs.12,300,922 from the defendant.
  2. What remedies, if any, are available to the plaintiff.

Orders

  • Plaintiff's claim for Shs.12,300,922 dismissed.
  • Sum of Shs.2,225,922 decreed to the plaintiff.
  • Interest at 20% per annum on Shs.2,225,922 from date of filing suit until payment in full.
  • No order as to general damages.
  • Plaintiff awarded 60% of the taxed costs of the suit.
  • Costs to attract interest at court rate per annum from date of taxation till payment in full.

Rules and key headnotes

Quasi-Contract — Money Had and Received — Basis of Action
The action for money had and received is rooted in a quasi-contract on the footing of an implied promise to repay. The action is applicable whenever the defendant has received money which, in justice and equity, belongs to the plaintiff under circumstances which render the receipt of it by the defendant a receipt to the use of the plaintiff.
Court Bailiffs — Duties Upon Execution — Deposit of Proceeds
Under the Judicature (Court Bailiffs) Rules, a bailiff is obliged to deposit in court all proceeds of execution within seven days of the execution and thereafter submit his bill of costs to the court for taxation.
Circumstantial Evidence — Probative Value — Assessment
Circumstantial evidence is a series of circumstances leading to the inference or conclusion that something happened or did not happen when direct evidence is not available. It is sometimes regarded as of higher probative value than direct evidence, which may be perjured or mistaken.
Equitable Estoppel — Silence as Acquiescence — Acceptance by Conduct
A person who stands by and keeps silence when he observes another person acting under a misapprehension or mistake, which by speaking out he could have prevented by showing the true state of affairs, can be estopped from later alleging the true state of affairs. Where a party accepts partial payment consistent with a disputed agreement and fails to lodge timely complaint, the party may be estopped from later claiming amounts it had agreed to forego.
Interest Awards — Discretionary Nature — Basis for Award
An award of interest is discretionary. The basis for such an award is that the defendant has kept the plaintiff out of his money and the defendant has had the use of it himself, so he ought to compensate the plaintiff accordingly. Where a person is entitled to a liquidated amount and has been deprived of it through the wrongful act of another person, he should be awarded interest from the date of filing the suit.

Legislation cited (1)

Full judgment

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Global Forwarders & Clearing Ltd v Henry Mugyenyi t a Kifaru High Court Bailiffs & Auctioneers (HCT-0-CC-CS 188 of 2002) [2007] UGCommC 69 (25 July 2007)
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.