Kam Plaza Investments Limited v Crown Beverages Limited (Miscellaneous Application 1014 of 2023) [2023] UGCommC 202 (20 October 2023)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 1014 of 2023
Judge
Mutesi, J
The High Court dismissed an application for leave to defend a summary suit, finding no bona fide defence or triable issue and entering judgment for the respondent.
Upon the Respondent's clear and unambiguous admission of liability for UGX 2,750,000/=, and the Claimant's confirmation that this sum would fully address his claim, the Court is bound to enter judgment for the admitted amount. The Court further exercised its discretion under the Labour Disputes (Arbitration and Settlement) Amendment Act, 2020 to award the Claimant an additional UGX 250,000/= as compensation. However, since the Respondent acted to resolve the matter promptly and was not guilty of misconduct, costs were not awarded, and each party was ordered to bear its own costs.
Kinyera v victoria Seeds Ltd (Civil Suit No. 604 of 2015) [2017] UGCommC 137 (16 October 2017)
Court
Commercial Court of Uganda
Case number
Civil Suit No. 604 of 2015
The court found that the defendant admitted liability for the outstanding sum, both by conduct (making partial payments) and express admission through its director, who issued cheques that were dishonoured. Under Section 57 of the Evidence Act and relevant case law, such admissions obviate the need for further proof. The plaintiff was deprived of his money for nearly two years, justifying an award of general damages for loss of use and profit, as well as interest at 20% per annum to compensate for the delay. The court also held that costs follow the event, entitling the successful plaintiff t…
The Supreme Court held that costs may be denied after partial success, but the Court of Appeal wrongly reduced general damages and the original award was restored.
Acali v Nile Bank Limited (Civil Suit 187 of 1993) [1994] UGHC 60 (13 April 1994)
Court
High Court of Uganda
Case number
Civil Suit 187 of 1993
Judge
Tsekooko, J
The High Court refused to set aside an ex parte judgment in a summary procedure debt claim, finding no sufficient cause for absence and no bona fide defence.