Wakilii

Nabimanya Mark v Muwumuza Charles Jeremiah [2026] UGCOMMC 243

High Court · 2026 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of contract, with interlocutory judgment granted under Order 9 rules 6 and 8 after defendant failed to file defence
Decision
Judgment entered in favour of the plaintiff with orders for repayment of principal, general damages, interest, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court held defendant breached a friendly loan agreement by failing to repay UGX 512,550,000 within three months as agreed. After defendant failed to file defence, interlocutory judgment was granted under Order 9 rules 6 and 8. Court awarded principal sum, general damages of UGX 50,000,000, interest at court rate from judgment, and costs to plaintiff.

Outcome

Judgment entered in favour of the plaintiff with orders for repayment of principal, general damages, interest, and costs

Facts

On 23 July 2024, the defendant approached the plaintiff requesting a friendly loan of UGX 512,550,000. A friendly loan agreement was executed on the same day. The defendant agreed to repay the loan within three months from the date of execution. The defendant failed to make any payments during the agreed period. The plaintiff sent several reminders including one from his lawyers but the defendant did not respond. The plaint was filed on 11 June 2025. Summons to file defence dated 12 August 2025 was served on the defendant on 28 August 2025. The defendant did not file a written statement of defence. The plaintiff applied for interlocutory judgment under Order 9 rules 6 and 8 which was granted by the court.

Issues

  1. Whether the plaintiff is entitled to a refund of the monies lent to the defendant as claimed.
  2. What remedies are available to the plaintiff?

Orders

  • The defendant breached the friendly loan agreement between himself and the plaintiff.
  • The defendant is ordered to pay to the plaintiff UGX 512,550,000 being the unpaid amount arising from the friendly loan.
  • The plaintiff is awarded general damages of UGX 50,000,000.
  • The plaintiff is awarded interest on the unpaid sum of UGX 512,550,000 and general damages of UGX 50,000,000 at court rate from the date of judgment till payment in full.
  • The plaintiff is awarded costs of the suit.

Rules and key headnotes

Civil Procedure — Interlocutory Judgment — Order 9 Rule 6 vs Rule 8 — Liquidated Demands
Order 9 rule 6 of the Civil Procedure Rules applies to liquidated demands where the defendant has failed to file a defence, while Order 9 rule 8 applies to situations where the value of goods is not ascertainable or pecuniary damages require assessment such as claims for general damages.
Contract Law — Breach of Contract — Failure to Repay Loan
When one party to a contract fails to perform their obligation or performs it in a way that does not correspond with the agreement, the guilty party is in breach of the contract and the innocent party is entitled to a remedy.
Damages & Quantum — General Damages — Breach of Contract — Restitutio in Integrum
The general intention of the law in giving damages for breach of contract is that the plaintiff should be placed in the position as they would have been in had the contract been performed.

Legislation cited (3)

Cases cited (4)

  • Hallmark Enterprises Friends Sacco Limited v Kwesiga Stephen (Civil Suit No. 657 of 2017)
  • Kibimba Rice Ltd v Umar Salim (Civil Appeal No. 17 of 1992)
  • Ronald Kasibante v Shell Uganda Ltd (Civil Suit No. 542 of 2006)
  • Uganda Telecom v Tanzanite Corporation [2005] EA 351

Full judgment

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

Nabimanya Mark v Muwumuza Charles Jeremiah 2026 UGCommC 243 (30 March 2026)
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.