Uganda Case Law

Lochab Transporters Co. Limited v S.W.T Tanners Ltd

Lochab Transporters Co. Limited v S.W.T Tanners Ltd (Civil Appeal No. 13 of 2011) [2020] UGCA 2028 (27 February 2020)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 13 of 2011

Judge

Cheborion, JA, Musoke, JA, Kasule, JA

The Court of Appeal found that Exhibit P2(i) was not a contract but a consignment note, and the exemption clause was not adequately brought to the respondent's attention prior to execution. The appellant, by accepting and transporting the respondent's goods without exercising any right of refusal, acted as a common carrier and was subject to strict liability for loss or damage to goods in transit. The evidence, including the survey report and witness testimony, established that the goods were loaded onto the appellant's truck and lost while in its custody. The trial Judge correctly applied th…

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• Contract Of Carriage
• Common Carrier Liability
• Special And General Damages
• Exemption Clauses
• Negligence In Transport
• Burden Of Proof

Lubega and Anor v Uganda Railways Corporation

Lubega and Anor v Uganda Railways Corporation (Civil Suit No.719 of 2002) [2004] UGHC 35 (15 November 2004)

Court

High Court of Uganda

Case number

Civil Suit No.719 of 2002

The court found that the defendant, Uganda Railways Corporation, was in breach of the contract of carriage by failing to deliver the goods as agreed. The evidence, including the police report and the circumstances of delivery, established that the container was empty upon arrival and that the defendant could not satisfactorily explain the loss or rebut the presumption of negligence. The defendant's reliance on flat-rate carriage and lack of verification did not absolve it of liability as a common carrier. The court held that the plaintiffs were entitled to recover the value of the missing goo…

Source excerpt

• Breach Of Contract
• Carriage Of Goods
• Common Carrier Liability
• Special Damages

Interfreight Forwarders(U) Limited v EastAfrican Development Bank

Interfreight Forwarders(U) Limited v EastAfrican Development Bank (Civil Appeal 33 of 1992) [1993] UGSC 16 (2 July 1993)

Court

Supreme Court of Uganda

Case number

Civil Appeal 33 of 1992

The Supreme Court of Uganda allowed the appeal, holding that negligence was not proved and that common-carrier liability was neither pleaded nor established.

• Negligence In Transportation
• Pleadings And Issues
• Common Carrier Liability
• Assessment Of Damages
• Interest On Judgment
• Contractual Exclusion Of Liability