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

Security 2000 Ltd Vs Cumberland

Security 2000 Ltd Vs Cumberland (Civil Appeal No.0916 of 2014) [2018] UGCA 79 (18 October 2018)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No.0916 of 2014

The Court of Appeal held that Security 2000 Ltd was vicariously liable for the negligent acts of its guards, who, while on duty, facilitated a burglary at the respondent's premises. The evidence established that the guards breached both their contractual and tortious duties of care. The court found that the exemption clause in the contract limited liability for special damages to Ug. Shs. 500,000/= but did not exclude liability for general damages, especially in the context of a fundamental breach. The court emphasized that general damages are compensatory and at the discretion of the court,…

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• Vicarious Liability
• Negligence Of Employees
• Exemption Clauses
• Damages For Breach Of Contract
• Duty Of Care
• Contractual Interpretation

Gentex Enterprises Ltd v Security Group (U) Ltd

Gentex Enterprises Ltd v Security Group (U) Ltd (Civil Suit No. 45 of 2007) [2013] UGCommC 73 (26 April 2013)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 45 of 2007

The court found that the plaintiff’s premises were broken into and that the theft of Shs. 21,881,300/= was proved on a balance of probabilities, based on documentary evidence of sales and customs entries. The conduct of the defendant’s guard—disappearing from his post and abandoning his gun—was held to be consistent with involvement in the theft. Applying the principle of vicarious liability, the defendant was held responsible for the acts of its servant, as the guard was deployed under the contract to protect the plaintiff’s premises. The court rejected the defendant’s reliance on the exempt…

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• Vicarious Liability
• Breach Of Contract
• Exemption Clauses
• Security Services Liability
• Fundamental Breach
• Damages For Loss

SDV Transami (U) Ltd v Nsibambi Enterprises

SDV Transami (U) Ltd v Nsibambi Enterprises (Civil Appeal No. 59 of 2006) [2008] UGCA 28 (1 January 2008)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 59 of 2006

Judge

Mukasa-Kikonyogo, DCJ, Engwau, JA, Twinomujuni, JA

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.

• Contract Of Carriage
• Exemption Clauses
• Negligence Of Carrier
• Bailment Liability
• Award Of Costs
• Contract-of-carriage