Cactus Africa Ltd & Ors v Kampala Motors Ltd
Cactus Africa Ltd & Ors v Kampala Motors Ltd (Miscellaneous Application No. 572 of 2015) [2016] UGCommC 26 (21 March 2016)
The court found that the first Applicant, Cactus Africa Ltd, failed to disclose any plausible defence to the Respondent's claim for US$15,400 for motorcycles supplied. The Local Purchase Order and delivery notes were in the name of the first Applicant, and there was no evidence of rejection or return of the motorcycles, nor any substantiated claim of defects. Accordingly, judgment was entered against the first Applicant. However, the second and third Applicants raised triable issues regarding their personal liability, as the documentary evidence did not establish that they ordered or received…
Source excerpt
- Summary Suit Procedure
- Company Liability
- Agency And Individual Liability
- Triable Issues
- Contractual Debt
- Defective Goods