Wakilii

Kenlloyd Logistics (U) Limited v Hongrun Industry (U) Limited (Civil Suit No. 518 of 2022)

High Court · [2025] UGCOMMC 494 · 2025 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Summary suit for recovery of liquidated sum under Order 36 of the Civil Procedure Rules
Decision
Default judgment entered in favour of the plaintiff for the full liquidated sum claimed plus interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court entered default judgment for the plaintiff under Order 36 of the Civil Procedure Rules where the defendant failed to apply for leave to appear and defend within the mandated period. The claim for recovery of a liquidated sum of UGX 57,000,000 based on a written fuel supply and storage equipment agreement qualified for summary procedure. Judgment was granted with interest at 23% per annum from the date of default.

Outcome

Default judgment entered in favour of the plaintiff for the full liquidated sum claimed plus interest and costs

Facts

The plaintiff instituted a summary suit under Order 36 of the Civil Procedure Rules seeking recovery of UGX 57,000,000 arising from breach of a fuel supply and fuel storage equipment agreement. The claim was based on a written contract that provided for interest at the Central Bank of Uganda prevailing lending rate from the payment due date. The defendant was served but failed to file an application for leave to appear and defend within the mandated 10-day period as required under Order 36.

Issues

  1. Whether the plaintiff's claim qualifies for summary procedure under Order 36 of the Civil Procedure Rules.
  2. Whether default judgment should be entered against the defendant for failure to apply for leave to appear and defend.

Orders

  • Default judgment entered for the plaintiff against the defendant.
  • Defendant to pay the plaintiff UGX 57,000,000.
  • Interest awarded at 23% per annum from date of default until judgment.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Civil Procedure — Summary Procedure — Qualifying Claims
Only claims involving liquidated demands based on a written contract or acknowledgment by the defendant or jointly by the parties may be brought by summary procedure under Order 36 rule 2(a) of the Civil Procedure Rules.
Civil Procedure — Summary Procedure — Default Judgment
Where a defendant fails to file an application for leave to appear and defend within the mandated 10 days from the date of service as required under Order 36, the court may enter default judgment for the plaintiff.

Legislation cited (2)

Cases cited (1)

  • Sterling Travel and Tour Services Ltd v Millennium Travel Tours Services Ltd (HCMA No. 116 of 2013)

Full judgment

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

Kenlloyd Logistics (U) Limited v Hongrun Industry (U) Limited (Civil Suit No. 518 of 2022) [2025] UGCommC 494 (29 August 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.