Prepaid Meters Limited v Lucle Investments Limited (Miscellaneous Application No. 3003 of 2025)

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

The court granted the applicant unconditional leave to appear and defend the summary suit, finding that a bona fide triable issue existed regarding the quantum of debt owed under a contract for collection of electricity payments. The court held that where the amount claimed is genuinely disputed and requires reconciliation of accounts and examination of evidence, the matter is unsuitable for summary determination. However, the court entered judgment on admission for UGX 20,665,168, the amount the applicant expressly admitted owing in its affidavit and written statement of defence.

Outcome

Applicant granted leave to defend the remaining disputed claim; judgment entered on admission for UGX 20,665,168

Facts

In 2019, the applicant entered into an agreement with the respondent to collect electricity payments from the respondent's tenants through the ULTIMA Plus platform, deduct commission, and remit the balance. Initially, payments were collected from two tenants and remitted accordingly. In November 2021, the respondent acquired a third tenant whose payments were made directly to the respondent. The applicant offset its commissions for the third tenant from collections from the other tenants. A dispute arose when the respondent alleged the applicant stopped remitting collections from November 2021 despite continuing to collect them. The respondent issued demand notices and filed a summary suit claiming UGX 114,525,182 as outstanding collections from September 2019 to May 2025. The applicant disputed the claim, maintaining that only UGX 20,665,168 appeared in its records and that no reconciled statement of accounts had been provided. The applicant applied for leave to appear and defend the summary suit.

Issues

1. Whether the applicant ought to be granted unconditional leave to defend Civil Suit No. 1403 of 2025.
2. Whether the respondent is entitled to judgment on admission in the sum of UGX 20,665,168.

Orders

• The applicant is granted leave to appear and defend Civil Suit No. 1403 of 2025.
• Judgment is entered for the plaintiff in Civil Suit No. 1403 of 2025 for the amount of UGX 20,665,168.
• The applicant is to file his defence for the remaining disputed claim within ten (10) days from the date of this ruling.
• The costs of this application are in the cause if a defence is filed, but upon default they will be borne by the applicant.

Rules and key headnotes

Legislation cited (9)

• Civil Procedure Act Cap. 282 s.98
• Civil Procedure Rules S.I 71-1 Order 36 rules 2, 4 & 8
• Civil Procedure Rules S.I 71-1 Order 36 rule 3(1)
• Civil Procedure Rules S.I 71-1 Order 36 rule 4
• Civil Procedure Rules S.I 71-1 Order 36 rule 5
• Civil Procedure Rules S.I 71-1 Order 36 rule 6
• Civil Procedure Rules S.I 71-1 Order 13 rule 1
• Civil Procedure Rules S.I 71-1 Order 13 rule 6
• Civil Procedure Rules S.I 71-1 Order 15 rule 3

Cases cited (8)

• Maluku Interglobal Trade Agency v Bank of Uganda [1985] HCB 65
• Board of Governors Nebbi Town S.S.S v Jaker Food Stores Limited (Miscellaneous Civil Application No. 0062 of 2016)
• Visare Uganda Limited v Muwema and Co. Advocates and Solicitors (Miscellaneous Application Nos. 0826 and 0827 of 2023)
• Children of Africa v Sarick Construction Ltd (Miscellaneous Application No. 134 of 2016)
• Kinyanjui and another v Thande and another [1995-1998] 2 EA 159
• Provincial Insurance Co. of East Africa Ltd v Kivuti [1995-1998] 1 EA 283
• Continental Butchery Ltd v Nthiwa (Civil Appeal No. 35 of 1977)
• Geoffrey Gatete and another v William Kyobe (SCCA No. 07 of 2005)

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