Wakilii

Mutabazi Mugisha Steven v Glota (U) Ltd (Misc No 1199 of 2024)

High Court · [2025] UGCOMMC 197 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appear and defend a summary suit for debt recovery
Decision
Application dismissed for failure to prosecute; judgment entered for respondent in underlying summary suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for leave to appear and defend dismissed under Order 17 rule 4 for failure to prosecute. Judgment entered for the respondent for UGX 70,000,000 with interest at 10% per month as agreed. Claim for additional interest at commercial rate abandoned as it was not provided for in the underlying facility agreement and would constitute a triable issue inappropriate for summary proceedings.

Outcome

Application dismissed for failure to prosecute; judgment entered for respondent in underlying summary suit

Facts

The respondent instituted Civil Suit No. 0567 of 2024 by summary procedure against the applicant for recovery of UGX 70,000,000 as principal and accrued interest at 10% per month, plus interest on the decretal amount at commercial rate. The claim arose from a facility agreement dated 3 August 2023 under which the applicant borrowed UGX 50,000,000 for two months, repayable with interest at 10% per month. The applicant filed an application for leave to appear and defend on 24 June 2024. Over a year passed with no action by the applicant. The respondent requested the court to fix the matter for hearing. When the application was called on 26 June 2025, the applicant failed to appear.

Issues

  1. Whether the application for leave to appear and defend should be dismissed for failure to prosecute.
  2. Whether the respondent's claim for interest on the decretal amount at commercial rate is recoverable under summary procedure.

Orders

  • Miscellaneous Application No. 1199 of 2024 is dismissed in accordance with Order 17 rule 4 of The Civil Procedure Rules, SI, 71-1.
  • Judgment is entered for the respondent/plaintiff for the decretal amount of UGX 70,000,000 at interest on decretal sum at a rate of 10% per month under Civil Suit No. 0567 of 2024.
  • The costs of the application are awarded to the respondent.

Rules and key headnotes

Civil Procedure — Failure to Prosecute — Order 17 rule 4 — Dismissal for Dilatory Conduct
Where a party to whom time has been granted fails to produce evidence, cause attendance of witnesses, or perform any other act necessary to the further progress of the suit, the court may proceed to decide the suit immediately under Order 17 rule 4 of the Civil Procedure Rules, notwithstanding the default.
Civil Procedure — Summary Procedure — Interest Claims — Order 36 rule 2
Under an action instituted by summary suit, interest on a liquidated amount may only be recovered where the underlying agreement expressly provides for such interest; otherwise the claim for interest constitutes a triable issue inappropriate for summary proceedings.
Civil Procedure — Summary Procedure — Mixed Claims — Severance of Triable Issues
Where a plaint endorsed for summary procedure contains claims correctly endorsed and other claims that fall outside the scope of summary procedure, 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.

Legislation cited (4)

Cases cited (5)

  • Sterling Travel and Tour Services Ltd v Millennium Travel Tours Services Ltd (HCMA No. 116 of 2013)
  • Begumisa George v East African Development Bank (HCMA No. 451 of 2010)
  • Arjabu Kasule v F. T. Kawesa [1957] EA 611
  • E. M. Cornwell & Co. Ltd v Shantaguari Dahyabhai Desai (1941) 6 ULR 103
  • Uganda Transport Co. Ltd v Count de la Pasture (1954) 21 EACA 163

Full judgment

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

Mutabazi Mugisha Steven v Glota (U) Ltd (Misc No 1199 of 2024) [2025] UGCommC 197 (26 June 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.