Nyero Owota v Ongom (Civil Suit No. 980 Of 1998)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court held that where a defendant enters appearance through counsel but files no written statement of defence, and subsequently deposits a partial sum with the court, liability is admitted. The court ordered payment of the deposited amount to the plaintiff, payment of the balance of the principal loan at the exchange rate on the date of default, payment of agreed profits, special damages proved at trial including increased bank charges, air ticket costs, general damages for expenses and injury to creditworthiness, and interest on all awards.

Outcome

Judgment entered for plaintiff for principal loan balance, agreed profits, special damages, general damages, interest and costs

Facts

The plaintiff, Catherine Nyero Owota, was the sister-in-law of the defendant, Lt. Philip Ongom of the UPDF. In October/November 1996, the parties negotiated a business arrangement whereby the plaintiff would advance money to the defendant for purchasing and selling foodstuffs to the Uganda Army and/or World Food Programme. On 13 November 1996, the plaintiff sent pounds sterling 13,000 cash from London through one Mrs Damani, a forex bureau operator. On 18 November 1996, the defendant received and signed for the cash at Express Forex Bureau. The agreement was that after one year the defendant would repay the principal of pounds sterling 13,000 together with profits of Shs. 10,000,000. The defendant failed to repay, making excuses that government could not pay him because he was a northerner or that rebels took his produce. The plaintiff borrowed pounds sterling 6,000 from Halifax Bank and added her personal savings to advance the sum to the defendant. The defendant's failure to repay resulted in the plaintiff's bank debiting her account with increasing charges. The defendant entered appearance through counsel but filed no defence. On 22 February 1999, after the suit was fixed for hearing, the defendant's counsel deposited Shs. 19,150,000 in court.

Issues

1. Whether the plaintiff is entitled to recover the principal loan of pounds sterling 13,000 advanced to the defendant.
2. Whether the plaintiff is entitled to recover the agreed profits of Shs. 10,000,000.
3. Whether the plaintiff is entitled to special damages including bank charges and air ticket expenses.
4. Whether the plaintiff is entitled to general damages.

Orders

• The sum of Shs. 19,150,000 deposited in court by counsel for the defendant to be paid to the plaintiff.
• Defendant to pay the plaintiff the balance of pounds sterling 4,601 or its Uganda equivalent as at 18 November 1997.
• Defendant to pay the plaintiff Shs. 10,000,000 being the agreed profit.
• Defendant to pay the plaintiff pounds sterling 3,759.30 being Halifax Bank charges.
• Defendant to pay the plaintiff the cost of a return air ticket London to Kampala.
• Defendant to pay the plaintiff Shs. 4,000,000 as general damages.
• Defendant to pay interest on awards (a), (b) and (c) at court rate from 18 November 1997 until payment in full.
• Defendant to pay interest on remaining awards at bank rate from date of judgment until payment in full.
• Defendant to pay costs of the suit.

Rules and key headnotes

Legislation cited (1)

• Civil Procedure Rules Order 8 Rule 4

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Ongom v Nyero (Civil Appeal 14 of 2001)
• Capt. Philip Ongom v Catherine Nyero Owota (Civil Appeal No. 14 of 2001)

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