Wakilii

Mugisha Alex v Stabex International Limited (Miscellaneous Application 1340 of 2024; Miscellaneous Application No. 1340 of 2024)

High Court · [2025] UGCOMMC 381 · 2025 Application Dismissed 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. 0725 of 2024
Decision
Application for leave to defend dismissed; decree entered for plaintiff in Civil Suit No. 0725 of 2024

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An applicant seeking leave to defend a summary suit under Order 36 Rule 4 must demonstrate a bona fide triable issue. Where the applicant admits partial indebtedness but fails to adduce evidence of alleged payments, no plausible defence is disclosed. The court dismissed the application and entered decree for the plaintiff in the full amount claimed.

Outcome

Application for leave to defend dismissed; decree entered for plaintiff in Civil Suit No. 0725 of 2024

Facts

The Respondent instituted a summary suit seeking recovery of UGX 88,059,333 for fuel supplied to the Applicant between 2012 and 2019. The Applicant applied for leave to appear and defend, claiming he had paid UGX 26,000,000 between April and May 2019 and was only indebted to the tune of UGX 62,059,333. The Applicant did not attach evidence of the alleged payments. The Respondent contended that the Applicant had issued cheques worth UGX 88,059,333 which bounced, and that the Applicant's claim of payment was false. The Respondent attached a fuel supply statement showing the total debt.

Issues

  1. Whether the Applicant has disclosed sufficient grounds for the relief sought.
  2. What remedies are available.

Orders

  • Application dismissed.
  • The Plaintiff is entitled to a decree in the sum of UGX 88,059,333 only in Civil Suit No. 0725 of 2024.
  • Costs of the application and the suit awarded to the Respondent.

Rules and key headnotes

Summary Suits — Leave to Defend — Test for Granting Leave
Under Order 36 Rule 3(1) of the Civil Procedure Rules, a defendant served with summons in a summary suit must apply for and obtain leave from court to appear and defend. The applicant must show by affidavit that there is a bona fide triable issue.
Summary Suits — Admission of Partial Debt — Effect on Leave to Defend
Where an applicant for leave to defend admits partial indebtedness but claims a lesser amount is owed, such admission demonstrates the absence of a plausible defence and leave to defend will be refused.
Burden of Proof — Alleged Payments
The party alleging payment of a debt bears the burden of proving that fact. Where an applicant alleges payment but fails to adduce any evidence in support, the court will find no triable issue exists.
Summary Suits — Purpose of Order 36
Order 36 was enacted to facilitate expeditious disposal of cases involving debts and contracts of a commercial nature, and to prevent defendants from presenting frivolous or vexatious defences to unreasonably prolong litigation.

Legislation cited (7)

Cases cited (5)

Full judgment

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

Mugisha Alex v Stabex International Limited (Miscellaneous Application 1340 of 2024; Miscellaneous Application No. 1340 of 2024) [2025] UGCommC 381 (2 October 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.