Wakilii

Multi lines International Limited v C and G Andijies Group Limited (Civil Suit 184 of 2023)

High Court · [2023] UGCOMMC 78 · 2023 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Summary suit under Order 36 for recovery of debt arising from unpaid freight and logistics invoices; proof of balance after partial default judgment
Decision
Judgment entered for the Plaintiff for USD 84,721.52 plus costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

In a summary suit under Order 36 for recovery of freight and logistics charges, the court held that where some invoices lack supporting documentation at default judgment, the plaintiff may prove the balance at a formal proof hearing. The plaintiff established the contractual relationship, the defendant's payment obligation within 30 days, the defendant's written confirmation of the outstanding debt, and breach of the payment terms. Judgment entered for the proven balance of USD 84,721.52.

Outcome

Judgment entered for the Plaintiff for USD 84,721.52 plus costs

Facts

On 25 November 2011, the plaintiff and defendant entered into a contract for provision of freight and logistics services, with payment terms of 30 days for freight forwarding invoices. From July 2020, the defendant defaulted on payment and accumulated unpaid invoices totaling USD 155,910. The plaintiff's auditors KPMG requested confirmation of the debt, and the defendant's accounts officer confirmed the outstanding balance in writing. Despite meetings and demand notices, the defendant failed to pay. The plaintiff filed a summary suit and obtained default judgment for USD 71,188.48 (the portion supported by attached invoices). The court set the balance of USD 84,721.52 down for formal proof. The defendant's application for leave to appear and defend was dismissed for want of prosecution.

Issues

  1. Whether the Plaintiff is entitled to the balance of the sum claimed in the plaint

Orders

  • Judgment entered for the Plaintiff against the Defendant for USD 84,721.52.
  • Costs of the suit awarded to the Plaintiff.

Rules and key headnotes

Civil Procedure — Summary Procedure — Order 36 — Scope and Rationale
The rationale for summary procedure under Order 36 of the Civil Procedure Rules is to enable a plaintiff to obtain a quick judgment where there is no evident defence to the claim for a liquidated debt or demand.
Civil Procedure — Liquidated Demand — Definition and Ascertainment
A liquidated demand is in the nature of a debt, being a specific sum of money due and payable under or by virtue of a contract, which is either already ascertained or capable of being ascertained as a mere matter of arithmetic. If ascertainment requires investigation beyond mere calculation, the sum is not a liquidated demand but constitutes unliquidated damages.
Civil Procedure — Summary Procedure — Mixed Claims — Procedure
Where a plaint endorsed for summary procedure contains claims correctly endorsed and other claims, the court may deal with the claims correctly specially endorsed as if no other claim had been included and allow the action to proceed as respects the residue of the claim, setting it down for formal proof.
Contract Law — Binding Effect of Signed Contracts — Reciprocal Obligations
Once a contract is valid, it creates reciprocal rights and obligations between the parties. When a document containing contractual terms is signed, then in the absence of fraud or misrepresentation, the party signing it is bound by its terms.
Contract Law — Breach of Contract — Definition
A breach of contract occurs where one or both of the parties fail to fulfill the obligations imposed by the terms of the contract.
Evidence — Burden of Proof — Civil Matters
In all civil matters, the burden of proof as to any particular fact lies on the person who wishes the court to believe in its existence. The plaintiff must adduce evidence to prove the case on the balance of probabilities.

Legislation cited (6)

Cases cited (5)

  • Shipping Gl (U) Limited v P.N Mashru Limited (Misc. Application No. 1099 of 2017)
  • George Begumisa v East African Development Bank (Misc. Application No. 451 of 2010)
  • Uganda Transport Co. Ltd. v Count de la Pasture (3) (1954) 21 EACA 163
  • William Kasozi v DFCU Bank Ltd (Civil Suit No. 1326 of 2000)
  • Nakana Trading Co. Ltd v Coffee Marketing Board (Civil Suit No. 137 of 1991)

Full judgment

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

Multi lines International Limited v C and G Andijies Group Limited (Civil Suit 184 of 2023) [2023] UGCommC 78 (8 September 2023)
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.