Munywevu and Another v Maersk Agency Uganda Limited (Civil Suit 528 of 2021) [2022] UGCommC 151 (10 November 2022)
Court
Commercial Court of Uganda
Case number
Civil Suit 528 of 2021
Judge
Stephen Mubiru, J
The High Court held the carrier liable for misdescribing cargo as “3 LOTS,” causing delay and demurrage. The plaintiffs recovered damages and release of the cargo.
Kyamuhunga Tea Co. Limited v Daks Couriers Limited (Civil Suit No. 862 of 2017) [2019] UGCommC 19 (12 July 2019)
Court
Commercial Court of Uganda
Case number
Civil Suit No. 862 of 2017
The Defendant, as carrier, owed a non-delegable duty to safely deliver the Plaintiff's consignment to the agreed destination. Subcontracting without the Plaintiff's written consent did not absolve the Defendant of liability. The disappearance of the consignment after transfer to another truck constituted breach of contract. The Plaintiff proved special damages for the lost consignment and VAT/fines paid, but failed to prove payment of the claimed fine. General damages were awarded for loss and embarrassment suffered. Interest was granted at commercial rates to compensate for deprivation of fu…
The Court of Appeal found that the respondent failed to specifically prove the value of her lost parcel as required for special damages. The documentary evidence presented did not indicate the value of the goods, and the respondent's explanations for discrepancies in claimed amounts were insufficient. The court held that special damages cannot be inferred and must be strictly proved, referencing established case law. Furthermore, the court determined that the appellant delivered the parcels to the contractual destination and was not responsible for the subsequent loss, as it was not establish…
SDV Transami Ltd v Agrimag Ltd and Anor (HCT-00-CC-AB 2 of 2006) [2008] UGCommC 33 (18 June 2008)
Court
Commercial Court of Uganda
Case number
HCT-00-CC-AB 2 of 2006
The High Court dismissed an application to set aside an arbitral award, holding that the applicant failed to show any statutory ground under Uganda’s Arbitration and Conciliation Act.
Ethiopian Airlines v Olowu (Civil Appeal 30 of 2003) [2005] UGCA 86 (5 September 2005)
Court
Court of Appeal of Uganda
Case number
Civil Appeal 30 of 2003
Judge
Mukasa-Kikonyogo, DCJ, Mpagi-Bahigeine, JA, Kitumba, JA
The Court of Appeal held that oral evidence could not vary a written air-carriage contract governed by the Warsaw Convention and set aside damages awards for lost baggage.
Souza v Pragji (Civ. App. No. 5/1938) [1938] EACA 34 (1 January 1938)
Court
East African Court of Appeal
Case number
Civ. App. No. 5/1938
Judge
Gamble, J. (Uganda), Thacker J, Whitley CJ
The court held a bus proprietor liable for injuries caused by a discoverable construction defect and rejected contributory negligence, allowing the appeal.