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HK GTX Int'l Logistics Ltd v Phillex Logistics (U) Ltd (Civil Suit No. 775 of 2020) [2021] UGCommC 96 (3 September 2021)
- Citation
- [2021] UGCommC 96
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Commercial Court of Uganda
- Panel
- Gaswaga, J
- Case number
- Civil Suit No. 775 of 2020
- Language
- English
More details
- Court
- Commercial Court of Uganda
- Panel
- Gaswaga, J
- Case number
- Civil Suit No. 775 of 2020
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
- The defendant shall pay the costs of the suit.
02
Material facts
Parties
HK GTX INT'L LOGISTICS LTD
PlaintiffPHILLEX LOGISTICS (U) LTD
DefendantAmounts and remedies
- Principal Sum Awarded: USD 20,201.61
- Interest Rate: USD 6
03
Procedural history
Posture
Civil Suit / Judgment
04
Questions and positions
Legal issues
- 01
Whether the defendant is liable to pay the outstanding debt to the plaintiff under the WCA agreement.
- 02
Whether the plaintiff is entitled to interest on the claimed sum.
- 03
Whether the plaintiff is entitled to costs of the suit.
Party arguments
- Applicant
- The plaintiff argued that both parties, registered under the World Customs Alliance, agreed to a shipment on credit in February 2020 based on WCA terms. The defendant paid part of the invoiced amount but defaulted on the remaining sum of USD 20,201.61, which is now due and owing. The plaintiff sought recovery of the outstanding sum, interest from the date of breach until payment in full, and costs of the suit.
- Respondent
- The defendant filed an application for leave to appear and defend, but this was dismissed for failure to disclose any triable issues. No substantive challenge to the debt was raised in the pleadings or evidence.
05
Court’s reasoning
Legal principles
- 01
General principles of contract law and summary procedure under Ugandan law.
A party who admits or fails to challenge a debt is liable to pay the outstanding sum.
- 02
Section 26 of the Civil Procedure Act (Cap 71) and judicial precedent.
Interest may be awarded on a liquidated sum from the date of judgment until payment in full.
06
Ratio, limits and disposition
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
- 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.
- The defendant shall pay the costs of the suit.
Source and reliance status
Commercial Court of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Commercial Court of Uganda
Judgment
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
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