Kenlloyd Logistics (U) Limited v Hongrun Industry (U) Limited (Civil Suit No. 518 of 2022)
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
- Whether the plaintiff's claim qualifies for summary procedure under Order 36 of the Civil Procedure Rules.
- 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
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
The original judgment as reported. Read the original PDF before relying on any passage.