Uganda Case Law

Takim and Comapny v Velji (Privy Council Appeal No. 13 of 1954)

Takim and Comapny v Velji (Privy Council Appeal No. 13 of 1954) [1955] EACA 296 (1 January 1955)

Court

East African Court of Appeal

Case number

Privy Council Appeal No. 13 of 1954

Judges

De Silva, Lord Cohen, Lord Somervell, Lord Tucker

The Privy Council held that the document in question was not a broker's note or memorandum within the meaning of paragraph 41 of the First Schedule to the Stamp Decree. The document, though prepared by a broker, only became a binding contract upon the signatures of both parties and included terms outside the broker's authority, requiring acceptance by the parties themselves. Until signed, it was not an intimation by the broker of a purchase or sale. Therefore, the document was exempt from stamping under paragraph 5(1) of the Schedule, which exempts agreements relating exclusively to the sale…

Source excerpt

• Contract Enforceability
• Broker Notes
• Stamp Duty
• Sale Of Goods
• Evidence Admissibility

Vagani v Lakhani Limited

Vagani v Lakhani Limited (Civil Appeal No. 3 of 1949) [1949] EACA 2 (1 January 1949)

Court

East African Court of Appeal

Case number

Civil Appeal No. 3 of 1949

Judge

Edwards CJ, Graham Paul CJ, Nihill P

An unstamped broker’s sale note was held inadmissible: the majority said later signatures by the parties did not stop it from being chargeable under the Stamp Ordinance.

• Contract Of Sale
• Admissibility Of Evidence
• Stamp Duty
• Broker Notes
• Memorandum Of Agreement
• Stamp-duty