Uganda Case Law

Karia and Company Limited v Dhamani

Karia and Company Limited v Dhamani (Civil Appeal No. 45 of 1968) [1969] EACA 1 (21 March 1969)

Court

East African Court of Appeal

Case number

Civil Appeal No. 45 of 1968

Judge

De Lestang, V-P, Duffus JA, Law, J.A

The Court of Appeal held that the cancellation of the export licence by the Ministry of Commerce and Industry was valid and effective. However, the sellers were under a duty to take all reasonable steps to obtain a new licence or otherwise perform the contract, and there was no evidence that they did so. The embargo was temporary, and the sellers subsequently exported beans to other buyers, indicating that obtaining a licence was possible. The sellers' immediate treatment of the contract as cancelled, without further effort, amounted to a wrongful repudiation. The buyers' subsequent instructi…

Source excerpt

• Contract Frustration
• Sale Of Goods
• Export Licensing
• Repudiation Of Contract

Murji and Another v Dattu

Murji and Another v Dattu (Civil Appeal No. 75 of 1954) [1955] EACA 305 (1 January 1955)

Court

East African Court of Appeal

Case number

Civil Appeal No. 75 of 1954

Judge

Holmes, J (Kenya), Nihill P, Worley VP

The Court of Appeal for Eastern Africa held that auctioned goods described as black pepper matched the commercial description and could not be repudiated after acceptance.

• Sale Of Goods
• Sale By Description
• Acceptance Of Goods
• Repudiation Of Contract
• Auction Sales
• Sale-of-goods

Shah and Others v Patel

Shah and Others v Patel (Civil Appeal No. 47 of 1956) [1950] EACA 329 (1 January 1950)

Court

East African Court of Appeal

Case number

Civil Appeal No. 47 of 1956

Judge

Bacon, JA, Briggs, JA, Worley, P

The Court of Appeal held that a sunglasses contract was a sale by sample and description, but did not require the goods to be ex s.s. Tjibadak.

• Sale Of Goods
• Contract Construction
• Sale By Sample And Description
• Burden Of Proof
• Repudiation Of Contract
• Sale-of-goods