Wakilii

Javelin Ltd v Zimba Logistics and Hardware Ltd and Anor (Civil Suit No. 865 of 2020)

High Court · [2021] UGCOMMC 94 · 2021 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of liquidated debt following dishonoured cheques and breach of payment undertaking
Decision
Judgment entered for the plaintiff for the full amount claimed with interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court Commercial Division entered judgment against the defendants jointly and severally for UGX 270,272,100 being an outstanding debt arising from credit supply of cement and hardware. The defendants had issued dishonoured cheques and breached a payment undertaking. The court awarded interest at 24% per annum from the date of default until payment in full, plus costs. The defendants' application for leave to defend was dismissed for want of prosecution.

Outcome

Judgment entered for the plaintiff for the full amount claimed with interest and costs

Facts

Between October 2019 and May 2020, the first defendant through its managing director (the second defendant) approached the plaintiff for credit supply of cement and hardware. The plaintiff supplied the goods on credit which were duly received by the defendants. The defendants issued cheques for payment which were dishonoured. Despite notification and requests for payment, the defendants failed to pay. On 3 September 2020, the second defendant signed an undertaking to pay the outstanding sum in weekly instalments of UGX 5,000,000 starting from 9 September 2020. The defendants breached this undertaking. The defendants filed an application for leave to appear and defend which was dismissed on 22 March 2021 for want of prosecution after the defendants failed to attend court despite multiple adjournments.

Issues

  1. Whether the defendants are liable to pay the plaintiff the outstanding debt of UGX 270,272,100.
  2. Whether the plaintiff is entitled to interest at 24% per annum from the date of default until payment in full.

Orders

  • Judgment entered against the defendants jointly and severally.
  • Defendants to pay the plaintiff UGX 270,272,100.
  • Defendants to pay interest at 24% per annum from date of default until payment in full.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Contract Law — Debt Recovery — Liquidated Sum — Undefended Suit
Where a debt is clearly established on the record and remains unchallenged by the defendants, the court will enter judgment for the liquidated sum claimed.
Civil Procedure — Leave to Defend — Dismissal for Want of Prosecution
Where defendants file an application for leave to appear and defend but fail to attend court despite multiple adjournments, the application may be dismissed for want of prosecution, leaving the main suit undefended.

Full judgment

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

Javelin Ltd v Zimba Logistics and Hardware Ltd and Anor (Civil Suit No. 865 of 2020) [2021] UGCommC 94 (22 March 2021)
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.