Owori v UMA Savings & Credit Cooperative Society Limited (Miscellaneous Application 2860 of 2023) [2024] UGCommC 209 (30 July 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 2860 of 2023
Judge
Mutesi, J
The court struck out an application for leave to defend a summary suit as out of time, found service sufficient, and entered summary judgment for the lender.
Quality Milk Diaries Limited & 3 Others v Mango Fund Inc. (Miscellaneous Application 30 of 2024) [2024] UGCommC 77 (19 April 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 30 of 2024
Judge
Mutesi, J
The High Court set aside a judgment on admission because the applicants’ acknowledgment of the claim was not clear and unequivocal, and ordered the suit to proceed to hearing.
Deox Tibeingana t/a Tibeingana & Co. Advocates v Centenary Rural Development Bank Ltd (Miscellaneous Application No. 872 of 2021) [2023] UGCommC 14 (17 February 2023)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application No. 872 of 2021
Judge
Abinyo, J
The court found that the applicant failed to provide evidence of the alleged payments towards the loan and that his assertions were intended merely to deny liability. The applicant did not raise any bona fide triable issue of fact or law or present a plausible defence to the respondent's claim. The court held that the requirements for granting leave to appear and defend under Order 36 of the Civil Procedure Rules were not met. Consequently, the application for leave to appear and defend was dismissed, and judgment was entered for the respondent for the sum claimed, with interest and costs.
Ongora v Standard Chartered Bank (Miscellaneous Application No. 400 of 2019) [2020] UGCommC 157 (30 October 2020)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application No. 400 of 2019
Judge
Wabwire, J
The applicant raised triable issues regarding the calculation of the outstanding loan amount and the terms of repayment, specifically whether repayments were to be made exclusively from employment salary and whether prior recoveries were properly accounted for. The law requires that leave to defend be granted where there is a genuine dispute of fact or law. However, given the applicant's admission of borrowing and the need to prevent abuse of court process, the court exercised its discretion to grant conditional leave, requiring the applicant to deposit security to ensure bona fide defence an…
Watujo and another v Centenary RuraL Development Bank (Miscellaneous Application 479 of 2023) [2020] UGCommC 169 (1 September 2020)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 479 of 2023
Judge
Kahigi Asiimwe, J
The High Court dismissed an application for unconditional leave to defend after finding that default judgment had already been entered, leaving no suit to defend unless set aside.