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Male v Roko Construction Ltd (Civil Suit No. 1099 of 2020) [2021] UGCommC 88 (3 September 2021)
- Citation
- [2021] UGCommC 88
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Commercial Court of Uganda
- Panel
- Gaswaga, J
- Case number
- Civil Suit No. 1099 of 2020
- Language
- English
More details
- Court
- Commercial Court of Uganda
- Panel
- Gaswaga, J
- Case number
- Civil Suit No. 1099 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 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.
02
Material facts
Parties
Isa Male
PlaintiffRoko Construction Ltd
DefendantAmounts and remedies
- Outstanding Debt Awarded: UGX 135,729,745
03
Procedural history
Posture
Civil Suit / Judgment
04
Questions and positions
Legal issues
- 01
Whether the defendant is indebted to the plaintiff in the sum claimed for transport services rendered.
- 02
Whether the plaintiff is entitled to costs of the suit.
Party arguments
- Applicant
- The plaintiff contended that he provided transport services to the defendant for aggregate stones between 2014 and 2020, issued invoices totaling Ugx 2,150,690,775, and received payments amounting to Ugx 2,014,961,030, leaving an outstanding balance of Ugx 135,729,745. Despite reminders, the defendant failed to pay the balance, necessitating the suit.
- Respondent
- The defendant did not challenge the debt and failed to disclose any triable issues in its application for leave to appear and defend, which was dismissed.
05
Court’s reasoning
Legal principles
- 01
General principles of contract law and commercial debt recovery.
A party who receives services and does not dispute the debt is liable to pay the outstanding sum.
- 02
Civil Procedure Act, Section 27.
Costs follow the event and are awarded to the successful party.
06
Ratio, limits and disposition
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
- The defendant shall pay the plaintiff Ugx 135,729,745.
- 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.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
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