[1994] UGHC 64
The court found that since the applicant admitted liability for 700 packets of rubber bands, judgment should be entered for the respondent for that portion, with the contract price established by the Local Purchase Order and Delivery Note. The applicant was granted unconditional leave to defend the suit in respect...
Source-derived case information.
- Citation
- [1994] UGHC 64
- Parties
- Applicant: Crown Bottlers Ltd; Respondent: Alexander Mugume t/a Cradle Enterprises
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Suit 191 of 1993
- Procedural Posture
- Civil Suit / Ruling on Application for Unconditional Leave to Defend
- Outcome
- Partial judgment for respondent; unconditional leave to defend granted for balance.
- Judges
- Tsekooko, J
- Legal Topics
- Summary Procedure, Leave to Defend, Contract of Sale, Debt Recovery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Crown Bottlers Ltd
Applicant
Alexander Mugume t/a Cradle Enterprises
Respondent
Procedural Posture
Civil Suit / Ruling on Application for Unconditional Leave to Defend
Legal Issues
- 1 Whether the applicant should be granted unconditional leave to defend the suit for the balance of the claim.
- 2 Whether judgment should be entered for the respondent in respect of the admitted portion of the claim.
Ratio Decidendi
The court found that since the applicant admitted liability for 700 packets of rubber bands, judgment should be entered for the respondent for that portion, with the contract price established by the Local Purchase Order and Delivery Note. The applicant was granted unconditional leave to defend the suit in respect of the remaining 300 packets, as there was a bona fide dispute regarding that part of the claim. The court also directed that costs for the admitted portion be taxed and paid at the conclusion of the trial for the disputed portion, and that the applicant file a Written Statement of Defence within ten days.
Court Disposition
Partial judgment for respondent; unconditional leave to defend granted for balance.
Orders
- Applicant to pay respondent Shs. 3,360,000/= as value of 700 packets of rubber bands with taxed costs.
- Applicant granted unconditional leave to defend the suit in respect of 300 packets of rubber bands.
Full Case Text
Judgment text and source record
22 paragraphs
THE REPUBLI <sup>I</sup> OF UGANDA' IN THE HIGH COURT 0? UGANDA AT KAMPALA civil suit r.c. 191 OF 1993 CROWN BOTTLERS LTD APPLICANT/DEFENDANT. VERSUS ALEXANDER MUGUME I T/A CRADLE ENTERPRISES I RESPONDENT.
BEFORE:- The Honourable Mr. Justice J. V/. N. Tsekooko
## 0 <sup>R</sup> I E <sup>R</sup>
The applicant had institv teal Notice of Motion seeking for unconditional leave to defend suit under 0.53 Rules <sup>3</sup> and <sup>4</sup> and 0.48 Rules 1,2 & 3 (?/ Civil Procedure Rules.
The respondent had instituted suit under 0.33 by way of Summary Procedure to recover Shs. <sup>4</sup>*,8t0*,00f>/= as cost of 1,000 packets of rubber ban is s«ld-and delivered to the applicant.
During the hearing of the application Mr. Tumusinguzi, learned counsel for the applicant, conceded that judgment may be entered for the respondent in respect of 7®° packets and that he be granted unconditional leave to defend the residue of the claim# Mr. Kiiika, learned counsel f»r the respondent acceded to this.
According to the Local Purchase Order dated 14 th January, 1994 and Delivery Note dated. 24th January, 1994 each packet of the rubber bands costs She. 4, which is the contract price. This multiplied by 7(9 packets gives Shs. 3»•••/= (Three Million three hundred and sixty thousand shillings) which I award to the respond ,-nt with costs to be taxed.
I grant the applicant <sup>u</sup> iconditional leave to defend the residue of the claim, that is to say cost of the balance of 300 packets of rubber >aids.
I therefore order as fojlowg:-
----------- /2
the applicant is to $p_5y$ to the respondent/<br>plaintiff Shs. 3,360 f )A/= as the value of $(a)$ 700 packets of rubber bands with taxed crsts.
$\overline{2}$
- The applicant is granted unconditional leave<br>to defend the suit in respect of 300 packets of $(b)$ rubber bands. - $(c)$ The taxed costs under (a) to be paid at the conclusion of the trial for 300 packets. - $(d)$ The applicant must : ile his Written Statement of Defence within $t$ n (10) days from the date hereof. - $(e)$ In the circumstance; of this case costs in respect of the application shall be in the cause.
J. W:N. TSEKOOKO
JUDGE
$18/5/1994.$
$19/5/1994$ at 9.00 a.m.
Tumusinguzi for applicant/defendant.
Respondent present.
No court clerk.
Order delivered in Chambers as an open court.
J. W. N. TSEKOOKO JUDGE 19/5/1994.