Surgipham Uganda Ltd v Noble Health Ltd and Anor (HCT-00-CC-CS 595 of 2003)
Surgipham Uganda Ltd v Noble Health Ltd and Anor (HCT-00-CC-CS 595 of 2003) [2005] UGCommC 60 (13 October 2005)
The court found that the Plaintiff supplied drugs to the 1st Defendant on credit, evidenced by invoices and the issuance of post-dated cheques, which were dishonoured at the Defendants' request due to financial difficulties. Partial payment was made, and an agreement was reached for the Defendants to deposit drugs as security, not as outright set-off. The Plaintiff later sold the drugs at a loss to mitigate damages. The court rejected the Defendants' argument that the drugs were full settlement, relying on the written agreement's terms. The 2nd Defendant was held jointly and severally liable…
Source excerpt
- Breach Of Contract
- Credit Facilities
- Guarantees And Liabilities
- Interest On Debt
- General Damages