Wakilii

Henry Musisi v Wahab Sultan (Miscellaneous Application 3064 of 2023)

High Court · [2025] UGCOMMC 137 · 2025 Application Dismissed; Partial Judgment Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appear and defend a summary suit for recovery of money arising from a motor vehicle sale agreement
Decision
Application dismissed for non-appearance; partial judgment entered for principal sum; interest claim reserved for trial

Observed later treatment

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Holding

The court dismissed the application for leave to appear and defend under Order 17 rule 4 of the Civil Procedure Rules due to the applicant's non-appearance at the scheduled hearing. The court entered partial judgment for the respondent for the principal sum of UGX 60,000,000 arising from a motor vehicle sale agreement, but reserved the claim for interest for trial on the ground that the underlying agreement did not expressly provide for the claimed interest rate, making it a triable issue not properly brought under summary procedure.

Outcome

Application dismissed for non-appearance; partial judgment entered for principal sum; interest claim reserved for trial

Facts

The respondent instituted Civil Suit No. 1581 of 2023 by summary procedure against the applicant for recovery of UGX 60,000,000, being the outstanding balance on a motor vehicle sale agreement for a total consideration of UGX 80,000,000. The applicant had paid UGX 20,000,000. The respondent also claimed interest at 10% per month from 23 December 2022. The applicant filed Miscellaneous Application No. 3064 of 2023 seeking leave to appear and defend the suit. The applicant requested the court to fix the application for hearing by letter dated 17 February 2025. The court fixed the matter for 4 June 2025 and circulated the cause list. When the matter was called on for hearing on 4 June 2025, neither party appeared.

Issues

  1. Whether the application for leave to appear and defend should be dismissed for the applicant's failure to appear at the hearing.
  2. Whether the respondent's claim for interest at 10% per month is properly brought under summary procedure.
  3. Whether partial judgment should be entered for the liquidated sum while reserving the interest claim for trial.

Orders

  • Miscellaneous Application No. 3064 of 2023 is dismissed in accordance with Order 17 rule 4 of The Civil Procedure Rules, SI, 71-1.
  • Partial Judgment is entered for the respondent/plaintiff for the decretal amount of UGX 60,000,000 under Civil Suit No. 1581 of 2023.
  • The respondent/plaintiff is to appear before this Honourable Court on 24th June, 2025 at 9 am for the hearing of the claim for interest.
  • The costs of the application are awarded to the respondent.

Rules and key headnotes

Civil Procedure — Non-Appearance — Order 17 Rule 4 — Court's Discretion to Proceed
Where a party to whom time has been granted fails to appear at a hearing or to perform any other act necessary to the further progress of the suit, the court may exercise its discretion under Order 17 rule 4 of the Civil Procedure Rules to proceed to decide the matter immediately, notwithstanding the default.
Civil Procedure — Summary Procedure — Interest Claims — Order 36 Rule 2
Under summary procedure instituted under Order 36 of the Civil Procedure Rules, interest on a liquidated amount may only be recovered where the underlying written agreement expressly provides for such interest; otherwise, the claim for interest constitutes a triable issue requiring further interrogation not anticipated in summary proceedings.
Civil Procedure — Summary Procedure — Mixed Claims — Partial Judgment
Where a plaint endorsed for summary procedure contains claims correctly endorsed and other claims not properly brought under summary procedure, the court may deal with the claims correctly specially endorsed as if no other claim had been included and allow the action to proceed as respects the residue of the claim, entering partial judgment for the liquidated sum while reserving triable issues for hearing.

Legislation cited (4)

Cases cited (5)

  • Sterling Travel and Tour Services Ltd v Millennium Travel Tours Services Ltd (HCMA No. 116 of 2013)
  • Begumisa George v East African Development Bank (HCMA No. 451 of 2010)
  • Arjabu Kasule v F. T. Kawesa [1957] EA 611
  • E. M. Cornwell & Co. Ltd v Shantaguari Dahyabhai Desai (1941) 6 ULR 103
  • Uganda Transport Co. Ltd v Count de la Pasture (1954) 21 EACA 163

Full judgment

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

Henry Musisi v Wahab Sultan (Miscellaneous Application 3064 of 2023) [2025] UGCommC 137 (4 June 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.