Tuf Foam (U) Limited v FTF Partners Limited
Tuf Foam (U) Limited v FTF Partners Limited (Miscellaneous Application No. 91 of 2017) [2017] UGCommC 68 (5 June 2017)
The applicant failed to disclose any bona fide triable issue of fact or law that would warrant leave to defend the summary suit. The documentary evidence, including invoices and correspondence, established that the goods were supplied as ordered and the applicant acknowledged the debt and made part payment. The alleged contract variation regarding disposal of goods was unsupported by written evidence and contradicted the written payment plans. The applicant's arguments regarding fitness for purpose and marketability did not constitute a plausible defence, as the goods matched the specificatio…
Source excerpt
- Summary Suit Procedure
- Contract Variation
- Liquidated Debt
- Fitness For Purpose
- Acknowledgement Of Debt