[2016] UGHCCD 75

[2016] UGHCCD 75

The defendant was properly served with the plaint on three occasions, including substituted service, but failed to file a written statement of defence as required by law. The plaintiff's claim is for a liquidated sum arising from a land sale agreement, and the evidence supports the plaintiff's entitlement to the balance, interest, general damages, and costs. Under Order 9 Rule 6 of the Civil Procedure Rules and relevant case law, the court is justified in entering ex-parte judgment for the plaintiff for the sum claimed, interest at 10% per annum from the date of judgment until payment in full, general damages, and costs of the suit.

Citation
[2016] UGHCCD 75
Parties
Plaintiff: Richard Kyaligaba; Defendant: Godfrey Kaganda
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
18 October 2016
Case Number
HCT–01–CV–CS–0016 of 2015
Procedural Posture
Civil Suit / Ex Parte Judgment
Outcome
Judgment entered for the plaintiff ex-parte.
Judges
Ojok, J
Legal Topics
Liquidated Damages, Failure to File Defence, Land Sale Agreement, Service of Process
Source Language
English
Civil Procedure Land and Property Liquidated Damages Failure to File Defence Land Sale Agreement Service of Process

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Parties

Richard Kyaligaba

Plaintiff

Godfrey Kaganda

Defendant

Procedural Posture

Civil Suit / Ex Parte Judgment

Legal Issues

  1. 1 Whether the defendant was properly served and failed to file a written statement of defence.
  2. 2 Whether the plaintiff is entitled to judgment for the liquidated sum claimed, interest, general damages, and costs.

Ratio Decidendi

The defendant was properly served with the plaint on three occasions, including substituted service, but failed to file a written statement of defence as required by law. The plaintiff's claim is for a liquidated sum arising from a land sale agreement, and the evidence supports the plaintiff's entitlement to the balance, interest, general damages, and costs. Under Order 9 Rule 6 of the Civil Procedure Rules and relevant case law, the court is justified in entering ex-parte judgment for the plaintiff for the sum claimed, interest at 10% per annum from the date of judgment until payment in full, general damages, and costs of the suit.

Court Disposition

Judgment entered for the plaintiff ex-parte.

Orders

  • Defendant shall pay the plaintiff UGX 92,500,000.
  • Defendant shall pay interest at 10% per annum from the date of judgment until payment in full.