Kiboko Enterprises Limited v Philps East Africa Limited and Another
Kiboko Enterprises Limited v Philps East Africa Limited and Another (Civil Appeal 167 of 2019) [2024] UGCA 77 (28 March 2024)
The Court of Appeal found that the appellant, Kiboko Enterprises Ltd, was responsible for the breach of the main contract with KCCA by importing goods from India instead of China, contrary to the contract's specifications. The appellant's representative, having witnessed the main contract and being party to the sub-contract, was deemed to have knowledge of the contract terms and obligations. The sub-contract did not exonerate the appellant from prior breaches nor did it create an entitlement to compensation for all prior imports or civil works, except as specifically provided. The court held…
Source excerpt
- Breach Of Contract
- Subcontractor Liability
- Apportionment Of Loss
- Compensation For Nonperformance
- Contractual Damages