Hotloaf Bakery Limited v Engaano Millers Limited (Miscellaneous Application No. 656 of 2025)

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.

Holding

The High Court dismissed an application for unconditional leave to appear and defend a summary suit. The applicant admitted owing UGX 82,012,600 and raised no triable issue of fact or law. The court held that summary procedure applies where the demand is liquidated and there are no issues for determination. Judgment was entered for the respondent for the admitted debt plus interest at 6% per annum from judgment until payment in full, with costs.

Outcome

Judgment entered for the Respondent/Plaintiff for UGX 82,012,600 with interest at 6% per annum from judgment until payment in full

Facts

The parties executed an agreement on 5 December 2018 for the supply of drum wheat flour and associated products by the respondent to the applicant. The respondent filed a summary suit claiming UGX 92,012,600 for goods supplied. The applicant admitted making payments of UGX 20,000,000, reducing the debt to UGX 82,012,600. The applicant sought unconditional leave to appear and defend, stating it had encountered financial challenges and was willing to pay the outstanding debt in weekly instalments of UGX 5,000,000. The respondent opposed the application, contending the applicant had no plausible defence. The applicant did not dispute the outstanding amount of UGX 82,012,600.

Issues

1. Whether the Applicant has raised sufficient grounds to warrant the grant of unconditional leave to appear and defend High Court Civil Suit No. 293 of 2025.
2. What remedies are available to the parties?

Orders

• Application for leave to appear and defend dismissed.
• Judgment entered for the Respondent/Plaintiff against the Applicant/Defendant.
• The Applicant/Defendant shall pay the Respondent/Plaintiff UGX 82,012,600 being the current outstanding amount due in High Court Civil Suit No. 293 of 2025.
• The Applicant/Defendant shall pay interest on the sum at the rate of 6% per annum from the date of Judgment until payment in full.
• The Respondent/Plaintiff is awarded the costs of this application and the suit.

Rules and key headnotes

Legislation cited (7)

• Civil Procedure Rules SI 71-1 Order 36 rule 3(1)
• Civil Procedure Rules SI 71-1 Order 36 rule 4
• Civil Procedure Rules SI 71-1 Order 36 rule 5
• Civil Procedure Rules SI 71-1 Order 52 rule 1
• Civil Procedure Rules SI 71-1 Order 52 rule 3
• Civil Procedure Act Cap. 282 s.26(2)
• Civil Procedure Act Cap. 282 s.27(2)

Cases cited (7)

• Jamil Ssenyonjo v Jonathan Bunjo (Civil Suit No. 180 of 2012)
• Maluku Interglobal Trade Agency Ltd v Bank of Uganda [1985] HCB 65
• Twentsche Overseas Trading Co. Ltd v Bombay Garage [1958] EA 741
• Post Bank (U) Limited v Abdu Ssozi (Supreme Court Civil Appeal No. 8 of 2015)
• Ndibazza Naima v Acacia Finance Limited (High Court Miscellaneous Application No. 1144 of 2014)
• Milly Masembe v Sugar Corporation (U) Ltd and Another (Supreme Court Civil Appeal No. 1 of 2000)
• Uganda Development Bank v Muganga Construction Co. Ltd [1981] HCB 35

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