Uganda Case Law

Kabalinda v Tolesheet Enterprises Limited (Labour Dispute Reference 1 of 2023)

Kabalinda v Tolesheet Enterprises Limited (Labour Dispute Reference 1 of 2023) [2024] UGIC 40 (17 September 2024)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 1 of 2023

Judges

Wabwire Musana, J, Musimbi, Panel Member, Bigirimana penal member, Matovu

The Industrial Court found that the claimant had previously filed a suit in the High Court at Mubende against the same respondent, seeking the same commission for the sale of land under an agency agreement. The High Court, a court of competent jurisdiction, had fully adjudicated the matter, found a valid agency contract, and awarded the claimant a commission. The claimant admitted to this prior judgment both orally and through counsel. The issues, parties, and subject matter in both cases were identical. Under Section 7 of the Civil Procedure Act, the doctrine of res judicata strictly bars th…

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• Res Judicata
• Labour Officer Referral
• Agency Contracts
• Commission Entitlement

Campling Bros and Another v United Air Services Ltd

Campling Bros and Another v United Air Services Ltd (Civil Appeal No. 63 of 1951) [1952] EACA 155 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Appeal No. 63 of 1951

Judge

De Lestang J, Nihill P, Worley VP

The court held that no term could be implied in the agency contract requiring the respondents to supply the appellants with sufficient funds to maintain business operations, as such an implication was not necessary to give efficacy to the contract. The evidence supported the trial judge's finding that the appellants were not compelled by lack of funds to cease operations; rather, they chose to do so for other reasons. The respondents had not defaulted on any specific expense or agency fee prior to the cessation of operations. The court further determined that damages awarded for deterioration…

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• Agency Contracts
• Implied Terms
• Breach Of Contract
• Assessment Of Damages

Adam v Bhagwanji and Company

Adam v Bhagwanji and Company (Civil Appeal No. 24 of 1949) [1949] EACA 13 (1 January 1949)

Court

East African Court of Appeal

Case number

Civil Appeal No. 24 of 1949

Judge

Graham Paul CJ, Gray CJ, Nihill P

The Court of Appeal held that the parties’ written arrangement was one of agency, not sale, and that the import-control rules did not make it illegal.

• Agency Contracts
• Import Regulation
• Principal Agent Relationship
• Contract Construction
• Agency-contracts
• Import-regulation

Eber v Thomsen (C.A. 1/1935)

Eber v Thomsen (C.A. 1/1935) [1935] EACA 34 (1 January 1935)

Court

East African Court of Appeal

Case number

C.A. 1/1935

Judges

Abrahamas, C.J. (Tanganyika), Law, C.J (Zanzibar), Sheridan, P

The Court of Appeal held that the appellant's conduct in pressing for a reduced commission and threatening to dispense with the respondent's services amounted to an anticipatory breach of the agency contract. The evidence showed the appellant intended to continue trading in the contract area, thus depriving the respondent of his right to earn commission under the agreed terms. The respondent was justified in treating the contract as repudiated and suing for damages. Alleged misconduct or negligence by the respondent did not bar recovery, as the appellant had condoned such conduct by not actin…

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• Agency Contracts
• Anticipatory Breach
• Commission Disputes
• Damages Assessment
• Condonation Of Misconduct