James Turyatemba v Dickens Ahimbisibwe (Civil Appeal No.39 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed the appeal, holding that where a defendant in a summary suit admits the full amount claimed and raises no triable issue of law or fact, the trial court properly enters judgment under Order 36 Rules 3 and 5 of the Civil Procedure Rules. A formal demand notice is not a prerequisite for instituting a summary suit, and willingness to pay without more does not constitute a defence.
Outcome
Appeal dismissed with costs; judgment of the Chief Magistrate's Court affirmed
Facts
The respondent instituted a summary suit under Order 36 of the Civil Procedure Rules seeking recovery of UGX 2,600,000, being the balance of a loan of UGX 4,600,000 advanced to the appellant for a thanksgiving ceremony. The parties agreed repayment by 23 April 2021. The appellant paid UGX 2,000,000 but defaulted on the balance. The appellant filed a motion seeking leave to appear and defend, admitting the debt and expressing willingness to pay. At the hearing, the appellant again admitted owing the balance and prayed for dismissal of the suit on account of his readiness to pay. The trial magistrate found that the appellant had admitted liability for the full amount claimed and dismissed the application for leave to appear and defend, entering judgment for the plaintiff under Order 36 Rules 3 and 5 with costs. The appellant appealed, arguing that the respondent failed to issue a demand notice and notice of default before filing suit.
Issues
- Whether the learned trial magistrate erred in law and fact when she overlooked the evidence of the failure of the respondent to issue a demand notice and a notice of default before arriving at the conclusion that the applicant had defaulted.
- Whether the trial magistrate erred in denying the appellant leave to appear and defend and entering judgment for the plaintiff.
Orders
- Appeal dismissed.
- Costs awarded to the respondent.
Rules and key headnotes
Legislation cited (5)
Cases cited (4)
- J. Muluta v S. Katama (Supreme Court Civil Appeal No. 11 of 1999)
- Fr. Narensio Begumisa and 3 Others v Eric Kibebaga (Supreme Court Civil Appeal No. 17 of 2002)
- Maluku Interglobal Trade Agency Ltd v Bank of Uganda [1985] HCB 65
- Kotecha v Adam Mohammed [2002] 1 EA 112
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.