Wakilii

Magric Water General Hardware Limited v Abasi Balinda Transporters Limited (Miscellaneous Application No. 67 of 2021)

High Court · [2022] UGHCCD 198 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for unconditional leave to appear and defend a summary suit arising from Civil Suit No. 38 of 2021
Decision
Applicant granted unconditional leave to appear and defend the summary suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted unconditional leave to appear and defend where the applicant raised triable issues concerning payment for goods supplied on credit. The respondent's claim required clarification on how the amount arose, particularly regarding partial payments and the timing of the credit request form signed after delivery. The applicant's contention of full payment constituted a bona fide defence requiring trial to determine whether goods were paid for on delivery or supplied on credit.

Outcome

Applicant granted unconditional leave to appear and defend the summary suit

Facts

The respondent filed a summary suit seeking UGX 50,578,814 for paint and other goods allegedly supplied on credit to the applicant on 7 June 2020 and 24 April 2021. The respondent relied on delivery notes and a credit request form dated 25 June 2020. The applicant, through its Managing Director Turyasingura Charles, contended that all goods were paid for in cash on delivery and denied obtaining any goods on credit. The applicant denied signing the credit request form and asserted it had no debt to the respondent. The respondent, through Managing Director Abbas Balinda, maintained that goods were supplied on credit, some consideration was paid, and a balance remained outstanding despite demands for payment.

Issues

  1. Whether the applicant's application for unconditional leave to appear and defend has merit.
  2. What remedies are available to the parties.

Orders

  • The applicant is granted unconditional leave to appear and defend Civil Suit No. 67 of 2021.
  • The applicant is directed to file her defence within 15 days from the date of this ruling and have the same served upon the respondent.
  • The costs of this application shall abide the outcome of the main suit.

Rules and key headnotes

Summary Suits — Leave to Appear and Defend — Test for Unconditional Leave
Unconditional leave to appear and defend a summary suit will be granted where the applicant shows a good defence on the merits, or that a difficult point of law is involved, or that there is a dispute which ought to be tried, or a real dispute as to the amount claimed which requires taking an account to determine, or any other circumstances showing reasonable grounds of a bona fide defence.
Summary Suits — Leave to Appear and Defend — Sufficient Disclosure Required
In an application for leave to appear and defend a summary suit, there must be sufficient disclosure by the applicant of the nature and grounds of defence and the facts upon which it is founded, and the defence disclosed must be both bona fide and good in law.
Summary Suits — Triable Issues — Inconsistencies in Plaintiff's Evidence
Where a plaintiff's claim in a summary suit contains inconsistencies requiring clarification, such as a credit request form signed after delivery of goods and unclear evidence of partial payments, the defendant raises triable issues warranting unconditional leave to defend.

Legislation cited (4)

Cases cited (4)

  • MM.K Engineering v Mantrust Uganda Ltd (Miscellaneous Application No. 128 of 2012)
  • Bhaker Kotecha v Adam Muhammed [2002] 1 EA 112
  • Maluku Interglobal Trade Agency v Bank of Uganda [1985] HCB 65
  • Children of Africa v Sarick Construction Ltd (Miscellaneous Application No. 134 of 2016)

Full judgment

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

Magric Water General Hardware Limited v Abasi Balinda Transporters Limited (Miscellaneous Application No. 67 of 2021) [2022] UGHCCD 198 (2 September 2022)
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.