Stone Crushing Uganda Limited v Roko Construction Limited (Civil Suit 665 of 2017) [2021] UGCommC 137 (8 April 2021)
Court
Commercial Court of Uganda
Case number
Civil Suit 665 of 2017
Judge
Stephen Mubiru, J
The High Court held that the subcontractor achieved substantial and practical completion, waived delay enforcement, and was owed the outstanding balance plus general damages.
Energo Uganda Company Limited v Rubaramira & Another (Civil Appeal No. 183 of 2013) [2020] UGCA 2082 (7 August 2020)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 183 of 2013
Judge
Musota, JA, Musoke, JA, Kasule, JA
The Court of Appeal dismissed an appeal and cross-appeal over murram extraction beyond an agreed site, upholding findings of trespass and the damages award.
Mukankusi v Uganda Revenue Authority (Civil Appeal No. 06 of 2011) [2019] UGCA 2027 (15 November 2019)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 06 of 2011
Judge
Egonda-Ntende, JA, Obura, JA, Musoke, JA
The Court of Appeal found that the appellant failed to act reasonably to mitigate her loss by refusing the respondent's offer to refund the purchase price, which would have limited her exposure to further loss, including loan interest. The trial judge's assessment of general damages was upheld as appropriate, given the lack of evidence for additional losses such as mental anguish or lost resale value. The court agreed that the trial judge erred by not specifying the interest rate on special damages and clarified that interest on special damages should run from the date of loss at 20% per annu…
The Supreme Court held that the respondent did not specifically plead frustration as a defence nor as a ground of appeal, and failed to discharge the burden of proving frustration by destruction of the vehicle. The evidence showed only damage, not destruction, and the contract was not frustrated. State House retained constructive custody of the vehicle until it was released to a third party, and failed to issue notice of termination or return the vehicle, thus remaining liable for hire charges. The appellant took reasonable steps to mitigate his loss, and the trial judge erred in finding othe…
Kampala Phamaceuticals vs Gullaballi Ushalan (Civil Appeal No 49 of 1997) [1998] UGCA 6 (28 April 1998)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No 49 of 1997
The court held that the contract of employment contained a clear provision (Clause 8) allowing either party to terminate by giving six months' written notice or payment in lieu thereof. The trial Judge erred in awarding damages for the entire unexpired term of 51 months instead of limiting the award to the six months' notice period. The respondent, being highly qualified, was expected to mitigate her loss by seeking alternative employment. The general damages awarded were not excessive but included items that should have been claimed as special damages. The correct approach was to award six m…