HK GTX Int'l Logistics Ltd v Phillex Logistics (U) Ltd (Civil Suit No. 775 of 2020) [2021] UGCommC 96 (3 September 2021)

# **THE REPUBLIC OF UGANDA**

## **IN THE HIGH COURT OF UGANDA AT KAMPALA**

## **[COMMERCIAL DIVISION]**

#### **Civil Suit No.775 of 2020**

### **HK GTX INT'L LOGISTICS LTD:::::::::::::::::::::::::::::::::::PLAINTIFF**

#### **VERSUS**

#### **PHILLEX LOGISTICS (U) LTD::::::::::::::::::::::::::::::::::DEFENDANTS**

#### **BEFORE; HON. JUSTICE DUNCAN GASWAGA**

#### **JUDGMENT**

[1] This is a judgment on a claim for recovery of a liquidated sum of USD 20,201.61 (United States Dollars twenty thousand two hundred and one, sixty one cents only) with interest from the date of breach till payment in full and for costs of the suit. The cause of action arose as follows; that the plaintiff and defendant both being registered under the World Customs Alliance (WCA), agreed on a shipment on credit in February 2020 basing on WCA terms. This was as per invoices for clients in Uganda i.e Explore IT Technologies Limited or 3223.9 USD and Nice House of Plastics for USD 25,429.34 amounting to a total of USD 28653. The applicant paid part (USD 8,465) and defaulted on the sum claimed thus prompting legal action.

- **[2]** It should be noted that the defendants filed M. A No. 930 of 2020 for leave to appear and defend which was later on 03/09/2021 dismissed for failure to disclose any triable issues warranting grant of the same. - **[3]** <sup>I</sup> have had opportunity once again to peruse the pleadings. <sup>I</sup> find that the evidence on record clearly establishes a debt of USD 20,201.61 (United States Dollars twenty thousand two hundred one and sixty-one cents) owed by the defendants. The debt is not challenged. - **[4] Accordingly, <sup>I</sup> hereby enterjudgment against the defendant in the following terms;**

**a) that the defendant pays to the plaintiff a sum of USD 20,201.61 (United States Dollars twenty thousand two hundred one and sixty-one cents)**

**b) that an interest rate of 6% is hereby imposed on the sum in (a) above to apply from the date of Judgment till payment in full. c) costs of the suit.**

**Dated, signed and delivered this 3rd day of September, 2021**


**JUDGE**