Sameer Agriculture & Livestock Ltd & Anor v CCL Logistics(U) Ltd
Sameer Agriculture & Livestock Ltd & Anor v CCL Logistics(U) Ltd (Civil Suit No. 401 of 2010) [2015] UGCommC 157 (7 May 2015)
The Defendant breached its contract with the first Plaintiff by failing to deliver the consignment as agreed. The first Plaintiff was compensated by the second Plaintiff under a marine cargo insurance policy, and subrogated its rights to the insurer. The second Plaintiff, having paid the indemnity and costs for loss assessment, is entitled to recover these amounts from the Defendant under the doctrine of subrogation. Double recovery by the first Plaintiff is precluded. General damages are not awarded as the second Plaintiff fulfilled a legal and contractual obligation and suffered no addition…
Source excerpt
- Breach Of Contract
- Marine Cargo Insurance
- Subrogation
- Damages
- Contractual Liability