Uganda Case Law

P&O Nedlloyd (U) Ltd v Tesco International Ltd

P&O Nedlloyd (U) Ltd v Tesco International Ltd (Civil Appeal No. 86/04) [2006] UGCA 60 (1 January 2006)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 86/04

Judge

Mpagi-Bahigeine, JA, Engwau, JA, Byamugisha, JA

The Court of Appeal found that the respondent failed to prove that the alleged theft or loss of goods occurred while the containers were in the control of the appellant. The evidence established that all ten containers were cleared by Customs officials at Dar-es-Salaam and handed over to the respondent's agent, who then contracted another carrier for onward transport to Kampala. The discrepancy in seal numbers was not treated as a fundamental breach, and there was no direct evidence that the containers were empty at the port of discharge. The possibility of loss or theft occurring after the c…

Source excerpt

• Carriage Of Goods By Sea
• Contractual Liability
• Burden Of Proof
• Damages For Breach Of Contract

Tesco International v P&O Nedlloyed

Tesco International v P&O Nedlloyed (Civil Suit No. 129 of 2003) [2004] UGCommC 29 (9 September 2004)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 129 of 2003

The High Court held the carrier liable for breach of contract after two of ten containers arrived empty. It awarded special and general damages, plus interest and costs.

• Breach Of Contract
• Carriage Of Goods By Sea
• Special And General Damages
• Bill Of Lading Discrepancies
• Breach-of-contract
• Carriage-of-goods-by-sea