[2021] UGCommC 88
The court found that the plaintiff had provided transport services to the defendant, issued invoices, and received partial payment, leaving an undisputed outstanding balance. The defendant failed to raise any triable issues or challenge the debt. Therefore, judgment was entered for the plaintiff for the claimed sum...
Source-derived case information.
- Citation
- [2021] UGCommC 88
- Parties
- Plaintiff: Isa Male; Defendant: Roko Construction Ltd
- Court
- Commercial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Suit No. 1099 of 2020
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- Gaswaga, J
- Legal Topics
- Contractual Debt Recovery, Liquidated Sums, Commercial Transactions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isa Male
Plaintiff
Roko Construction Ltd
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendant is indebted to the plaintiff in the sum claimed for transport services rendered.
- 2 Whether the plaintiff is entitled to costs of the suit.
Ratio Decidendi
The court found that the plaintiff had provided transport services to the defendant, issued invoices, and received partial payment, leaving an undisputed outstanding balance. The defendant failed to raise any triable issues or challenge the debt. Therefore, judgment was entered for the plaintiff for the claimed sum and costs, based on the clear evidence of indebtedness and the absence of any defence.
Court Disposition
judgment for the plaintiff
Orders
- The defendant shall pay the plaintiff Ugx 135,729,745.
- The defendant shall pay the costs of the suit.
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.1099 of 2020**
**ISA MALE :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:::PLAINTIFF**
### **VERSUS**
# **ROKO CONSTRUCTION LTD::::::::::::::::::::::::::::::::::DEFENDANTS**
#### **BEFORE; HON. JUSTICE DUNCAN GASWAGA**
#### **JUDGMENT**
[1] This is a judgment on a claim for recovery of a liquidated sum of Ugx 135,729,745/= (Uganda Shillings One Hundred Thirty Five Million, Seven Hundred Twenty Nine Thousand, Seven Hundred Forty Five) and for costs of the suit. The cause of action arose as follows; the defendant engaged the plaintiff to offer transport services of aggregate stones from its quarry in Bukerere to the batch plant at Nasser road in Kampala between 2014 and 2020. The plaintiff issued invoices forthat period to the defendant for Ugx 2,150,690,775/= (Uganda Shillings Two Billion One Hundred Fifty Million Six Hundred Ninety Thousand
Seven Hundred Seventy Five). The defendant made several payments between January 2015 and August 2020 by cash and cheque totalling Ugx 2,014,961,030/= (Uganda Shillings Two Billion Fourteen Million Nine Hundred Sixty One Thousand Thirty) leaving an outstanding balance of Ugx 135,729,745/= (Uganda Shillings One Hundred Thirty Five Million, Seven Hundred Twenty Nine Thousand, Seven Hundred Forty Five). However, despite several reminders the defendant refused to pay the outstanding sums, the reason for this suit.
- [2] It should be noted that the defendants filed M. A No, 37 of 2021 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 Ugx 135,729,745/= (Uganda Shillings One Hundred Thirty Five Million, Seven Hundred Twenty Nine Thousand, Seven Hundred Forty Five) owed by the defendants. The debt is not challenged.
- [4] Accordingly, <sup>I</sup> hereby enter judgment against the defendant in the **following terms;** - **a) that the defendant pays to the plaintiff a sum of Ugx 135,729,745/= (Uganda Shillings One Hundred Thirty Five Million, Seven Hundred Twenty Nine Thousand, Seven Hundred Forty Five)** - **b) costs of the suit be paid by the defendant.**
**Dated, signed and delivered this 3rd day of September, 2021**
**Duncan Gaswaga**
**JUDGE**