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Uganda decisions
Decisions matching the current search
African Concrete Standard Industry Ltd v Viva General Merchandise Ltd (Civil Suit No. 1144 of 2023) [2025] UGCommC 160 (15 April 2025)
The High Court dismissed a claim arising from damaged culverts in transit, finding no proven breach of contract or liability for lost expected earnings.
Mugumya v Chen Lianren (Civil Suit 607 of 2017) [2021] UGCommC 143 (20 May 2021)
The court found that although the written memorandum of understanding was silent on commission, the oral agreement regarding commission was not inconsistent with the written terms and was corroborated by documentary evidence. Applying the business efficacy and officious bystander tests, the court implied the commission term into the contract, as it was necessary for the distributorship arrangement to make business sense. The plaintiff proved his entitlement to the outstanding commission after deducting his acknowledged debt. The defendant failed to provide a legitimate legal excuse for non-pa…
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James Mundele Sunday v Pearl of Africa Tours and Travel (HCCS 89 of 2011) [2016] UGCommC 23 (11 March 2016)
The High Court found a hire contract existed, but held the vehicle’s breakdown frustrated performance. The plaintiff failed to prove negligence, and the suit was dismissed with costs.
Esther Sempebwa v The Non Performing Assets Recovery Trust - (HCT-00-CC-CS 954 of 2004) [2006] UGCommC 25 (6 June 2006)
The court found that the defendant breached an implied term of the contract by failing to deliver the duplicate certificate of title for Plot 44 within a reasonable time, as the existence of the certificate was an implied warranty in the sale of registered land. The court also held that the defendant's advert constituted an innocent misrepresentation, as it described a house and servants' quarters on the property that were not present on the purchased plots. The plaintiff, however, failed to prove her claim for special damages regarding the alleged purchase of Plot 117, as there was insuffici…
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Pan African Trading Agencies v Chande Brothers Limited (Civil Appeal No. 13 of 1952) [1952] EACA 141 (1 January 1952)
The Court of Appeal held that 'fair average quality' was an implied term of the contract, based on the entire course of dealings, prior offers, and the parties' understanding, even though the final written contract omitted the term. The Court found that the delivery of beans not of f.a.q. constituted a breach of contract. It further held that under section 32(3) of the Sale of Goods Ordinance, the respondents were entitled to reject only the portion of goods not conforming to the contract description, as the difference in quality in this case amounted to a difference in description. On damage…
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Campling Bros and Another v United Air Services Ltd (Civil Appeal No. 63 of 1951) [1952] EACA 155 (1 January 1952)
The court held that no term could be implied in the agency contract requiring the respondents to supply the appellants with sufficient funds to maintain business operations, as such an implication was not necessary to give efficacy to the contract. The evidence supported the trial judge's finding that the appellants were not compelled by lack of funds to cease operations; rather, they chose to do so for other reasons. The respondents had not defaulted on any specific expense or agency fee prior to the cessation of operations. The court further determined that damages awarded for deterioration…
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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.
