Wakilii

Roko Construction Ltd v City Oil (U) Ltd (H.C.Miscellaneous Application No. 40 of 2019)

High Court · [2021] UGCOMMC 64 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appear and defend arising from summary suit for debt recovery
Decision
Application dismissed; respondent may proceed to enter summary judgment

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that leave to appear and defend will not be granted on mere allegations unsupported by evidence. The applicant failed to provide affidavit evidence rebutting the respondent's claim that fuel was delivered and acknowledged, nor did it produce proof of payment or adulterated fuel. Allegations raised for the first time in these proceedings, without supporting documentation, constitute a sham defence calculated to evade payment. Application dismissed with costs.

Outcome

Application dismissed; respondent may proceed to enter summary judgment

Facts

The respondent/plaintiff sued the applicant/defendant for UGX 237,600,000 being the cost of fuel supplied in November and December 2019. The applicant applied for leave to appear and defend, alleging it was not indebted to the respondent, that some fuel delivered was adulterated and returned, and that some fuel was never delivered. The respondent produced delivery notes signed by the applicant acknowledging receipt of the fuel in good condition. The applicant provided no documentary evidence of payment, no proof that fuel was adulterated, and no evidence that any complaint about fuel quality had been raised before these proceedings. The applicant's affidavit contained general denials and allegations unsupported by documents.

Issues

  1. Whether the applicant satisfies the conditions for the grant of orders for leave to appear and defend Civil Suit No. 1086 of 2020.

Orders

  • Application for leave to appear and defend dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Summary Suits — Leave to Appear and Defend — Test for Grant of Leave
For leave to appear and defend to be granted in a summary suit, the applicant must show by affidavit or otherwise that there is a bona fide triable issue of fact or law. The applicant is not bound to show a good defence on the merits but must satisfy the court that there is an issue or question in dispute which ought to be tried.
Civil Procedure — Summary Suits — Leave to Appear and Defend — Burden of Proof on Applicant
Where a defendant denies indebtedness but there is positive evidence showing indebtedness, the denial becomes a sham. The defendant must prove allegations of non-delivery or defective goods by affidavit evidence; mere assertions unsupported by documentation are insufficient to establish a triable issue.
Civil Procedure — Summary Suits — Sham Defences — Allegations Raised for the First Time
Where a defendant acknowledges receipt of goods by signing delivery notes and raises no complaint about quality or non-delivery until proceedings are commenced, such allegations are regarded as an afterthought and constitute a sham defence aimed at evading payment.
Evidence — Standard of Proof — Affidavit Evidence in Interlocutory Applications
In an application for leave to appear and defend, the court investigates the allegations of fact or law made in the defendant's affidavit. Leave will not be granted merely because allegations are made; the court must be satisfied that at least one bona fide defence is established by the evidence adduced.

Legislation cited (7)

Cases cited (8)

  • Benon Tamusange & Timothy Justin Rover Mathew v Exim Bank (U) Ltd (Miscellaneous Application No. 1213 of 2016)
  • Makula Interglobal Trade Agency v Bank of Uganda [1985] HCB 65
  • Begumisa George v East African Development Bank (Miscellaneous Application No. 451 of 2010)
  • Kabagenyi Teddy Onyango v Fina Bank (U) Ltd (H.C.Civil Suit No. 710 of 2012)
  • Corporate Insurance Company Ltd Vs Nyali Beach Hotel M 995-1998
  • Kotecha v Mohammed [2002] 1 EA 112
  • Abubaker Kato Kasule v Tomson Muhwezi [1992-1993] HCB 212
  • Corporate Insurance Co Ltd v Nyali Beach Hotel Ltd [1995-1998] EA

Full judgment

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

Roko Construction Ltd v City Oil (U) Ltd (H.C.Miscellaneous Application No. 40 of 2019) [2021] UGCommC 64 (3 September 2021)
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.