R & M Bank (Uganda) Limited v Engonu Moses (Civil Suit No. 10910 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

The High Court Commercial Division entered default judgment for the plaintiff bank after the defendant failed to apply for leave to appear and defend within ten days of service as required by Order 35 Rule 3(2) of the Civil Procedure Rules. The court awarded the full sum claimed of UGX 76,464,437 plus costs.

Outcome

Default judgment entered in favour of the plaintiff for the full sum claimed plus costs

Facts

The plaintiff bank filed a summary suit seeking recovery of UGX 76,464,437 arising from alleged breach of contract. The summary plaint and summons were duly served on the defendant on 19 December 2022, as evidenced by the affidavit of service on court record. The defendant did not apply for leave to appear and defend the suit within the prescribed period of ten days from the date of service.

Issues

1. Whether the plaintiff is entitled to default judgment where the defendant failed to apply for leave to appear and defend within the prescribed period.

Orders

• Default judgment entered for the plaintiff.
• Payment of UGX 76,464,437 (Uganda Shillings Seventy six million, four hundred and sixty four thousand, four hundred and thirty seven only).
• Costs of the suit awarded to the plaintiff.

Legislation cited (1)

• Civil Procedure Rules Order 35 Rule 3(2)

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