The suit was commenced as a summary suit under order 33 of the Civil Procedure Rules by which the plaintiff was claiming a sum of UG Shs. 9,303,948/=. It was supported by the affidavit of Mr. John Komu Gathuku who later testified as the plaintiff’s witness PW1. In the affidavit Mr. Gathuku deponed that the defendant had no defence to the suit. The defendant applied for and was granted unconditional leave to appear and defend the suit, on the grounds that (a) the defendant had a counter claim, (b) the plaintiff had claimed three different figures, namely, Shs. 8,177,846/=, Shs. 6,846,400/ and Shs. 9,303,948/=, and therefore it was not certain as to which of the three figures was the liquidated sum subject of a summary suit.

The background to the case is that Mr. N.K. Radia, the defendant engaged Group Four Security Limited Uganda, the plaintiff to provide guard services at different premises, which included a house at Old Kampala described as
“Evicted House Old Kampala”. The contract document with regard to the guard services at this house, which I will hereafter refer to as the suit premises, is the document headed “Temporary Works Order” and bearing serial number 0207 (It was, at the trial exhibited as D5 in its original form and as Exhibit D8 in a photocopy). According to it the order was made by the defendant on 3/4/95. The plaintiff was to provide One unarmed day guard and one unarmed night guard, effective from 3/4/95

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