Wakilii

WeiHai Rongsheng Glasswork Co. Ltd v Casements (Africa) Limited and Another (Civil Suit No. 638 of 2025)

High Court · [2025] UGCOMMC 511 · 2025 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Summary suit for recovery of liquidated debt under Order 36 of the Civil Procedure Rules, with hearing on general damages and interest following default judgment
Decision
Judgment entered for the plaintiff with interest at 8% per annum on the decretal sum from breach until payment in full, and costs awarded to the plaintiff

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

In a summary suit for recovery of a liquidated debt, the court declined to award general damages where the plaintiff failed to adduce evidence substantiating claims of loss or prejudice. Interest on a foreign currency debt was awarded at 8% per annum from the date of breach, reflecting the lower volatility of foreign currencies compared to Uganda Shillings.

Outcome

Judgment entered for the plaintiff with interest at 8% per annum on the decretal sum from breach until payment in full, and costs awarded to the plaintiff

Facts

The plaintiff, a Chinese glass supplier, entered into three written contracts dated 13 June 2022 with the defendants for the supply of glass products totaling USD 338,800.52. The goods were shipped in July and August 2022 and received by the defendants in Kampala without objection. Payment was due within 120 days from the ship-on-board date, by 18 December 2022. The defendants failed to pay despite acknowledging the debt in written undertakings dated 13 October 2023 and 30 January 2024, in which they promised phased payment schedules. Both arrangements were breached. Following a formal demand notice dated 21 March 2025, the plaintiff instituted a summary suit. The court entered default judgment on 25 August 2025 for the principal sum and set down the issues of general damages and interest for formal proof hearing.

Issues

  1. Whether the Plaintiff is entitled to general damages of USD 100,000 and interest at the rate of 22% per annum on the decretal amount.

Orders

  • A declaration that the defendant breached the contract.
  • Interest of 8% per annum on the decretal sum of USD 338,800.52 from breach until payment in full.
  • Costs of the suit to the plaintiff.

Rules and key headnotes

Civil Procedure — Summary Suits — Scope of Relief — Claims for Interest and General Damages
Under Order 36 of the Civil Procedure Rules, interest on a liquidated amount in a summary suit may only be recovered where the underlying agreement expressly provides for such interest; otherwise, the claim for interest constitutes a triable issue requiring interrogation outside summary proceedings.
Evidence — Burden of Proof — General Damages — Requirement for Substantiation
A party seeking an award of general damages must adduce evidence proving the existence of the facts upon which the claim is based; in the absence of evidence substantiating claims of loss, inconvenience, or prejudice, the court will not award general damages.
Contract Law — Interest on Debt — Foreign Currency — Applicable Rate
Where the principal sum is denoted in a foreign currency, the interest rate does not exceed single digits, as foreign currencies are less subject to the fluctuations that require higher interest rates applicable to Uganda Shillings.
Contract Law — Interest — Justification for Award — Deprivation of Use of Money
Interest is awarded as compensation for deprivation of the use of money wrongfully withheld; it represents either the profit the plaintiff might have made if he had had the use of the money, or the loss he suffered because he did not have that use.

Legislation cited (7)

Cases cited (14)

  • Begumisa George v East African Development Bank (HCMA No. 451 of 2010)
  • Uganda Transport Co. Ltd v Count de la Pasture (1954) 21 EACA 163
  • James Fredrick Nsubuga v Attorney General (Civil Suit No. 13 of 1993)
  • Erukana Kuwe v Isaac Patrick Matovu and Another (Civil Suit No. 177 of 2003)
  • Hadley v Baxendale (1854) 9 Exch 341
  • Charles Acire v M. Engola (Civil Suit No. 143 of 1993)
  • Kibimba Rice Ltd v Umar Salim (Civil Appeal No. 17 of 1992)
  • Carmichael v Caledonian Railway Co. (1870) 8 M (HL) 119
  • Riches v Westminster Bank Ltd [1947] 1 All ER 469
  • Nilecom Limited v Kodjo Enterprises (Civil Suit No. 18 of 2014)
  • Sowah v Bank for Housing & Construction [1982-83] 2 GLR 1324
  • Attorney General v Dr. Maj. (Rtd) Anthony Jallon Okullo (Civil Appeal No. 207 of 2016)
  • Uganda Development Bank v Muganga Construction Co. Ltd (1981)
  • Arjabu Kasule

Full judgment

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

WeiHai Rongsheng Glasswork Co. Ltd v Casements (Africa) Limited and Another (Civil Suit No. 638 of 2025) [2025] UGCommC 511 (14 September 2025)
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.