Crown Bottlers Limited v Mugume (Civil Suit 191 of 1993) [1994] UGHC 64 (18 May 1994)

THE REPUBLI <sup>I</sup> OF UGANDA' IN THE HIGH COURT 0? UGANDA AT KAMPALA civil suit r.c. 191 OF 1993 CROWN BOTTLERS LTD APPLICANT/DEFENDANT. VERSUS ALEXANDER MUGUME I T/A CRADLE ENTERPRISES I RESPONDENT.

BEFORE:- The Honourable Mr. Justice J. V/. N. Tsekooko

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The applicant had institv teal Notice of Motion seeking for unconditional leave to defend suit under 0.53 Rules <sup>3</sup> and <sup>4</sup> and 0.48 Rules 1,2 & 3 (?/ Civil Procedure Rules.

The respondent had instituted suit under 0.33 by way of Summary Procedure to recover Shs. <sup>4</sup>*,8t0*,00f>/= as cost of 1,000 packets of rubber ban is s«ld-and delivered to the applicant.

During the hearing of the application Mr. Tumusinguzi, learned counsel for the applicant, conceded that judgment may be entered for the respondent in respect of 7®° packets and that he be granted unconditional leave to defend the residue of the claim# Mr. Kiiika, learned counsel f»r the respondent acceded to this.

According to the Local Purchase Order dated 14 th January, 1994 and Delivery Note dated. 24th January, 1994 each packet of the rubber bands costs She. 4, which is the contract price. This multiplied by 7(9 packets gives Shs. 3»•••/= (Three Million three hundred and sixty thousand shillings) which I award to the respond ,-nt with costs to be taxed.

I grant the applicant <sup>u</sup> iconditional leave to defend the residue of the claim, that is to say cost of the balance of 300 packets of rubber >aids.

I therefore order as fojlowg:-

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the applicant is to $p_5y$ to the respondent/<br>plaintiff Shs. 3,360 f )A/= as the value of $(a)$ 700 packets of rubber bands with taxed crsts.

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- The applicant is granted unconditional leave<br>to defend the suit in respect of 300 packets of $(b)$ rubber bands. - $(c)$ The taxed costs under (a) to be paid at the conclusion of the trial for 300 packets. - $(d)$ The applicant must : ile his Written Statement of Defence within $t$ n (10) days from the date hereof. - $(e)$ In the circumstance; of this case costs in respect of the application shall be in the cause.

J. W:N. TSEKOOKO

JUDGE

$18/5/1994.$

$19/5/1994$ at 9.00 a.m.

Tumusinguzi for applicant/defendant.

Respondent present.

No court clerk.

Order delivered in Chambers as an open court.

J. W. N. TSEKOOKO JUDGE 19/5/1994.