Uganda Case Law

Shalom Catering Services Ltd v Mariye Estates Ltd

Shalom Catering Services Ltd v Mariye Estates Ltd (Civil Suit No. 131 of 2019) [2022] UGCommC 19 (12 April 2022)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 131 of 2019

Judge

Rwakakooko, J

The court found that a binding contract existed between the Plaintiff and Defendant for the supply of catering services, evidenced by email correspondence and delivery notes. The Defendant breached the contract by failing to pay for services rendered in May, July, and August 2018. The Plaintiff proved its claim for UGX 45,662,400, but failed to establish entitlement to the additional 10% interest, as this was not provided for in the contract. Claims for compensation for financial loss, including interest on a loan and loss on sale of property, were rejected as too remote and not directly aris…

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• Breach Of Contract
• Contractual Remedies
• Quantification Of Damages
• Interest On Awards

A2 Z Infra Engineering Ltd v Forest City Engineering Techinical Services Ltd

A2 Z Infra Engineering Ltd v Forest City Engineering Techinical Services Ltd (Civil Appeal No. 47 of 2016) [2019] UGCA 2068 (20 December 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 47 of 2016

Judge

Madrama, JA, Obura, JA, Musota, JA

The Court of Appeal partly allowed a contract appeal, correcting the trial court’s arithmetic, rejecting an unproven stubs claim, and awarding costs at 50%.

• Breach Of Contract
• Subcontractor Liability
• Quantification Of Damages
• Set Off And Counterclaim
• Costs Award
• Evidence Evaluation

Digitek Advertising Ltd v Corporate Dimensions Ltd Final Draft Ruling (HCT-00-CC-MA 424 of 2005)

Digitek Advertising Ltd v Corporate Dimensions Ltd Final Draft Ruling (HCT-00-CC-MA 424 of 2005) [2005] UGCommC 43 (20 July 2005)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 424 of 2005

The court found that the applicant failed to demonstrate irreparable injury that could not be compensated by damages, as the alleged losses from price undercutting and competition could be quantified and addressed through monetary compensation or an account of profits. The exclusivity agreement between the applicant and Kampala City Council did not, on the evidence before the court, lawfully or constitutionally limit the respondent's right to freedom of expression, as protected under Article 29(1) of the Constitution. The status quo was both parties operating their respective advertising busi…

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• Temporary Injunctions
• Exclusive Contracts
• Freedom Of Expression
• Quantification Of Damages
• Status Quo Preservation
• Commercial Speech

Robert Coussens v Attorney General

Robert Coussens v Attorney General (Civil Appeal No. 8 of 1999) [2000] UGSC 41 (1 January 2000)

Court

Supreme Court of Uganda

Case number

Civil Appeal No. 8 of 1999

Judge

Oder, JSC, J.W.N.Tsekooko, JSC, Karokora, JSC, Kanyeihamba, JSC, Mukasa-Kikonyogo, JSC

The Supreme Court held that the appellant was not entitled to an award for loss of income as general damages because he failed to prove actual earnings at the time of injury. The evidence showed that the appellant had not been employed for several months prior to the incident and there was no reliable proof of the claimed income of USD 72,000 per year. The court emphasized that while future loss of earnings can be awarded as general damages, such an award must be grounded in solid evidence of actual pre-injury earnings, not speculation or potential earning capacity alone. The trial judge's di…

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• Personal Injury
• Assessment Of Damages
• Loss Of Earnings
• General Damages
• Quantification Of Damages