[2021] UGCommC 96
The court found that the evidence on record clearly established a debt of USD 20,201.61 owed by the defendant to the plaintiff under the terms of the World Customs Alliance agreement. The defendant did not challenge the debt, and its application for leave to defend was dismissed for lack of triable issues....
Source-derived case information.
- Citation
- [2021] UGCommC 96
- Parties
- Plaintiff: HK GTX INT'L LOGISTICS LTD; Defendant: PHILLEX LOGISTICS (U) LTD
- Court
- Commercial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Suit No. 775 of 2020
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- Gaswaga, J
- Legal Topics
- Debt Recovery, Contractual Obligations, Liquidated Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HK GTX INT'L LOGISTICS LTD
Plaintiff
PHILLEX LOGISTICS (U) LTD
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendant is liable to pay the outstanding debt to the plaintiff under the WCA agreement.
- 2 Whether the plaintiff is entitled to interest on the claimed sum.
- 3 Whether the plaintiff is entitled to costs of the suit.
Ratio Decidendi
The court found that the evidence on record clearly established a debt of USD 20,201.61 owed by the defendant to the plaintiff under the terms of the World Customs Alliance agreement. The defendant did not challenge the debt, and its application for leave to defend was dismissed for lack of triable issues. Accordingly, judgment was entered for the plaintiff for the claimed sum, with interest at 6% per annum from the date of judgment until payment in full, and costs awarded to the plaintiff.
Court Disposition
judgment for the plaintiff
Orders
- The defendant shall pay the plaintiff USD 20,201.61.
- Interest at 6% per annum is imposed on the sum from the date of judgment until payment in full.
Full Case Text
Judgment text and source record
16 paragraphs
# **THE REPUBLIC OF UGANDA**
## **IN THE HIGH COURT OF UGANDA AT KAMPALA**
## **[COMMERCIAL DIVISION]**
#### **Civil Suit No.775 of 2020**
### **HK GTX INT'L LOGISTICS LTD:::::::::::::::::::::::::::::::::::PLAINTIFF**
#### **VERSUS**
#### **PHILLEX LOGISTICS (U) LTD::::::::::::::::::::::::::::::::::DEFENDANTS**
#### **BEFORE; HON. JUSTICE DUNCAN GASWAGA**
#### **JUDGMENT**
[1] This is a judgment on a claim for recovery of a liquidated sum of USD 20,201.61 (United States Dollars twenty thousand two hundred and one, sixty one cents only) with interest from the date of breach till payment in full and for costs of the suit. The cause of action arose as follows; that the plaintiff and defendant both being registered under the World Customs Alliance (WCA), agreed on a shipment on credit in February 2020 basing on WCA terms. This was as per invoices for clients in Uganda i.e Explore IT Technologies Limited or 3223.9 USD and Nice House of Plastics for USD 25,429.34 amounting to a total of USD 28653. The applicant paid part (USD 8,465) and defaulted on the sum claimed thus prompting legal action.
- **[2]** It should be noted that the defendants filed M. A No. 930 of 2020 for leave to appear and defend which was later on 03/09/2021 dismissed for failure to disclose any triable issues warranting grant of the same. - **[3]** <sup>I</sup> have had opportunity once again to peruse the pleadings. <sup>I</sup> find that the evidence on record clearly establishes a debt of USD 20,201.61 (United States Dollars twenty thousand two hundred one and sixty-one cents) owed by the defendants. The debt is not challenged. - **[4] Accordingly, <sup>I</sup> hereby enterjudgment against the defendant in the following terms;**
**a) that the defendant pays to the plaintiff a sum of USD 20,201.61 (United States Dollars twenty thousand two hundred one and sixty-one cents)**
**b) that an interest rate of 6% is hereby imposed on the sum in (a) above to apply from the date of Judgment till payment in full. c) costs of the suit.**
**Dated, signed and delivered this 3rd day of September, 2021**
**JUDGE**