Katende Ali Semakula v Byansi James (Miscellaneous Application 3056 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Where a defendant in a summary suit admits receipt of the claimed sum, the court must enter summary judgment in favour of the plaintiff under Order 36 Rule 6 of the Civil Procedure Rules. The defendant's contest of costs on the ground that the plaintiff refused to provide bank account details fails where evidence shows the plaintiff had previously provided such details through EFT payment receipts.
Outcome
Summary judgment entered for plaintiff for admitted debt
Facts
The Respondent filed a summary suit (Civil Suit No. 1587 of 2023) against the Applicant claiming UGX 75,000,000. The Applicant admitted receiving the sum and expressed willingness to pay after 7th April 2024. The Applicant contested costs, arguing that non-payment was due to the Respondent's refusal to provide bank account details. Evidence showed the Respondent had previously paid the Applicant by EFT and bank payment receipts clearly displayed the Respondent's bank details.
Issues
- Whether summary judgment should be entered where the defendant admits receipt of the claimed sum.
- Whether costs should be awarded to the plaintiff where the defendant contests costs on grounds of plaintiff's refusal to provide bank account details.
Orders
- Application dismissed.
- Judgment entered in favour of the Respondent (Plaintiff) against the Applicant (Defendant) in Civil Suit No. 1587 of 2023 for the sum of UGX 75,000,000/=.
- Costs of the application and the summary suit awarded to the Respondent.
Rules and key headnotes
Legislation cited (2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.