Wakilii

Pearl Safari Import and Export (U) Limited v Assimwe Susan and Another [2024] UGHC 1355

High Court · 2024 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of debt arising from supply of goods
Decision
Judgment entered for plaintiff; defendant ordered to pay liquidated sum with interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Default judgment entered for the plaintiff for UGX 94,050,000 under Order 9 Rule 6 of the Civil Procedure Rules where the defendant failed to file a written statement of defence after being duly served. Court awarded interest at 15% per annum from judgment until payment in full but declined to award general damages, finding that under Order 9 Rule 6 only interest is provided for, and that assessment of damages would require proceedings under Order 9 Rule 8.

Outcome

Judgment entered for plaintiff; defendant ordered to pay liquidated sum with interest and costs

Facts

In 2020, the plaintiff, a trading company, was contacted by the 1st defendant acting on behalf of the 2nd defendant (YMCA Comprehensive Institute) with a business proposal to supply goods. The plaintiff agreed and subsequently supplied assorted goods following orders placed by the 1st defendant. Between April 2022 and July 2022, the plaintiff invoiced and delivered goods to the 2nd defendant's Matugga Campus stores, with delivery notes signed by the store manager Muzee Deo upon verification. The total value of goods supplied was UGX 94,050,000. The defendants failed to pay for the goods despite acknowledgement of receipt. The plaintiff had acquired the goods on credit from its own suppliers (Naster Produce Supplier and Nyasa Pro Investments Ltd). Defendants were duly served with summons on 3 October 2022 but failed to file a written statement of defence.

Issues

  1. Whether the Plaintiff is entitled to the remedies sought in light of default judgment entered against the 2nd Defendant.

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  • Suit withdrawn against the 1st Defendant under Order 25 Rule 1 of the Civil Procedure Rules.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 is 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 to be paid by the 2nd Defendant.

Rules and key headnotes

Civil Procedure — Default Judgment — Entitlement to Judgment Where Defence Not Filed
Where a defendant has been duly served with summons to file defence and fails to file a written statement of defence, the court may enter default judgment for the plaintiff for the amount claimed under Order 9 Rule 6 of the Civil Procedure Rules, and the allegations in the plaint are taken to be admitted pursuant to Order 8 Rule 3 of the Civil Procedure Rules.
Civil Procedure — Default Judgment — Remedies Available Under Order 9 Rule 6
Under Order 9 Rule 6 of the Civil Procedure Rules, where default judgment is entered for a liquidated sum, only interest is available as a remedy; general damages are not available under this provision and would require assessment of damages proceedings under Order 9 Rule 8, which applies where the claim is for pecuniary damages only or for detention of goods with or without a claim for pecuniary damages.
Contract Law — Interest — Rate and Basis of Award
Interest on a liquidated sum following breach of contract should be awarded at a rate that is just and reasonable pursuant to Section 26 of the Civil Procedure Act, taking into account that the successful litigant has been kept away from money that could have been put to good use, but the rate must not be exorbitant.

Legislation cited (5)

Cases cited (1)

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

Full judgment

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

Pearl Safari Import and Export (U) Limited v Assimwe Susan and Another 2024 UGHC 1355 (2 May 2024)
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.