Pearl Safari Import & Export (U) Limited v Assimwe & Another (Civil Suit 837 of 2022)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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

Held that where default judgment has been entered under Order 9 Rule 6 for a liquidated sum following non-filing of defence, the plaintiff is entitled to judgment for the amount claimed but not to general damages absent formal assessment under Order 9 Rule 8. Interest awarded at 15% per annum on the liquidated sum from date of judgment until payment in full as just and reasonable under Section 26 of the Civil Procedure Act. Costs awarded to the successful plaintiff.

Outcome

Judgment entered for the Plaintiff. 2nd Defendant ordered to pay UGX 94,050,000/ with interest at 15% per annum from date of judgment plus costs.

Facts

In 2020, the 1st Defendant, acting on behalf of the 2nd Defendant (YMCA), contacted the Plaintiff with a business proposal to supply assorted goods. The Plaintiff agreed and subsequently the 1st Defendant placed orders which the Plaintiff delivered to the 2nd Defendant's stores at Matugga Campus. Between April and July 2022, the Plaintiff invoiced and delivered goods upon orders from the 1st Defendant on account of the 2nd Defendant. Delivery notes were signed by Muzee Deo, the 2nd Defendant's store manager. The total value of goods supplied was UGX 94,050,000/. The Plaintiff had acquired the goods on credit from its own suppliers. Despite delivery and acknowledgement, the Defendants failed to pay. The Defendants were served with summons on 3 October 2022 but did not file a Written Statement of Defence. The Plaintiff withdrew the suit against the 1st Defendant and default judgment was entered against the 2nd Defendant.

Issues

1. Whether the Plaintiff is entitled to the remedies sought.

Orders

• Suit withdrawn against the 1st Defendant under Order 25 Rule 1 of the Civil Procedure Rules.
• Default judgment entered against the 2nd Defendant under Order 9 Rule 6 of the Civil Procedure Rules.
• An order for payment of UGX 94,050,000/ issued to be paid by the 2nd Defendant to the Plaintiff.
• Interest on the liquidated sum at 15% per annum from the date of judgment till payment in full.
• Costs of the suit awarded to the Plaintiff.

Rules and key headnotes

Legislation cited (5)

• Civil Procedure Rules Order 8 Rule 3
• Civil Procedure Rules Order 9 Rule 6
• Civil Procedure Rules Order 9 Rule 8
• Civil Procedure Rules Order 25 Rule 1
• Civil Procedure Act s.26

Cases cited (1)

• Charles Harry Twagira and Another v DFCU Bank Limited (Civil Suit No. 188 of 2018)

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