M/S Kots (U) Ltd v Woddamba Nathan
M/S Kots (U) Ltd v Woddamba Nathan (Civil Appeal No. 58 of 2001) [2002] UGCA 15 (1 March 2002)
The Court of Appeal held that the trial judge correctly granted unconditional leave to appear and defend because the respondent raised bona fide triable issues, specifically the assertion of lack of consideration for the cheque. The court emphasized that, under both the Civil Procedure Rules and the Bills of Exchange Act, a defendant is not limited to defences of fraud, duress, or illegality; lack of consideration is also a valid triable issue. The court further held that the appellant was not entitled to unilaterally fix the rate of interest at 25% in the absence of an agreement or statutory…
Source excerpt
- Bills Of Exchange
- Summary Procedure
- Leave To Defend
- Cheque Liability
- Interest On Cheques