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Uganda decisions
Decisions matching the current search
Munywevu and Another v Maersk Agency Uganda Limited (Civil Suit 528 of 2021) [2022] UGCommC 151 (10 November 2022)
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.
Lochab Transporters Co. Limited v S.W.T Tanners Ltd (Civil Appeal No. 13 of 2011) [2020] UGCA 2028 (27 February 2020)
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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KLM Royal Dutch Airlines v Katwine International Shipping Ltd (High Court Civil Suit No. 471 of 2014) [2015] UGCommC 149 (27 November 2015)
The High Court held that a cargo carriage contract existed and that the defendant’s failure to pay breached it. Judgment was entered for the plaintiff.
Afrofreight Forwarders Ltd v Shell (Uganda) Ltd (Civil Appeal No. 083/09) [2011] UGCA 16 (21 September 2011)
The Court of Appeal dismissed a freight carrier’s appeal, holding it failed to prove alleged measurement errors and remained liable for excess transit losses.
Kamagara Charles v Uganda Railways Corporation (Civil Suit No.846 of 2005) (Civil Suit No.846 of 2005) [2009] UGHC 4 (5 February 2009)
The court found that the plaintiff had proved, on a balance of probabilities, that the defendant took over the specified quantity of sugar at Mwanza, Tanzania, and delivered less than that quantity in Kampala, Uganda. The consignment notes, tally sheets, and invoices were accepted as credible evidence of the contract and the loss. The defendant failed to provide a valid explanation for the shortfall, and the court rejected the argument that the loss could have occurred before the defendant's custody. The court distinguished the cited Agrovalue Processors Impex (U) Ltd v URC case, finding that…
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line Ltd v Rapid Shipping & Freight (U) Ltd (High Court Civil Suit No. 314 of 2008) [2008] UGCommC 62 (25 September 2008)
The court found that the pleadings and the receipt issued by the defendant disclosed a cause of action against the defendant. Although the Bill of Lading named Rapid Freight International LLC as the carrier and the defendant as a notifying party and delivery agent, the plaintiff's pleadings alleged a separate agreement with the defendant for clearing, transporting, and delivering goods from Mombasa to Busia, evidenced by payment and receipt. The court distinguished this case from precedents where the agent was not a contracting party, noting that the issue of whether there was a contract betw…
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SDV Transami (U) Ltd v Nsibambi Enterprises (Civil Appeal No. 59 of 2006) [2008] UGCA 28 (1 January 2008)
The Court of Appeal upheld liability for damaged cargo, holding that the exemption clause did not excuse a fundamental breach. It also allowed the cross-appeal on costs.
Ethiopian Airlines v Olowu (Civil Appeal 30 of 2003) [2005] UGCA 86 (5 September 2005)
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.
Crescent Transportation Co. Ltd v B.M. Technical Services Ltd (Civil Suit No. 531 of 1999) [1999] UGHC 44 (1 November 1999)
The High Court awarded the plaintiff USD 1,883 for unpaid freight charges, rejecting unsupported detention claims, plus interest at 4% and costs.
Anand v Public Trustee of the Colony and Protectorate of Kenya (Civil Case No. 110 of 1942) [1944] EACA 21 (1 January 1944)
A passenger injured in a taxi-lorry collision sued the deceased owner-driver’s estate in contract, relying on an implied term of due care and skill. The court awarded damages.
