Uganda Case Law

Turkish Airlines Inc. v KK Fresh Produce Exporters Limited & 2 Others

Turkish Airlines Inc. v KK Fresh Produce Exporters Limited & 2 Others (Civil Suit 221 of 2023) [2024] UGCommC 178 (24 June 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 221 of 2023

Judge

Ocaya, J

The High Court held the defendants jointly and severally liable for fraud, breach, unpaid freight fees, damages, interest, and costs arising from a disputed bank guarantee.

• Breach Of Contract
• Fraudulent Misrepresentation
• Bank Guarantee Liability
• Special And General Damages
• Interest Awards
• Breach-of-contract

Francis Xavier Muhoozi t/a Kabale Kobil Station v National Bank of Commerce (U) Ltd (HCT-00-CC-CS 303 of 2006)

Francis Xavier Muhoozi t/a Kabale Kobil Station v National Bank of Commerce (U) Ltd (HCT-00-CC-CS 303 of 2006) [2007] UGCommC 37 (18 April 2007)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 303 of 2006

The court held that the guarantee agreement dated 13 March 2006 was strictly between the defendant bank and Kobil Uganda Ltd, and the plaintiff was not a party to it. Under the doctrine of privity of contract, the plaintiff, as a stranger to the guarantee, could not enforce its terms or claim damages for its breach. The plaintiff's claim was not based on the contract between himself and the defendant (the offer letter and mortgage deed), but rather on the guarantee agreement to which he furnished no consideration and had no privity. Consequently, the defendant did not breach any contract with…

Source excerpt

• Privity Of Contract
• Bank Guarantee Liability
• Breach Of Contract
• Damages Assessment