Ndiyo Holdings Ltd. v Summit Projekt Ltd. (Civil Suit No. 0788 of 2019) [2025] UGCommC 90 (13 May 2025)
Court
Commercial Court of Uganda
Case number
Civil Suit No. 0788 of 2019
Judge
Harriet Grace Magala, J
The High Court held that Summit Projekt Ltd owed Ndiyo Holdings Ltd UGX 350,544,760 for subcontract works, and awarded general damages, interest, and costs.
Kiboko Enterprises Limited v Philps East Africa Limited and Another (Civil Appeal 167 of 2019) [2024] UGCA 77 (28 March 2024)
Court
Court of Appeal of Uganda
Case number
Civil Appeal 167 of 2019
Judge
Buteera, DCJ, Bamugemereire, JA, Gashirabake, JA
The Court of Appeal found that the appellant, Kiboko Enterprises Ltd, was responsible for the breach of the main contract with KCCA by importing goods from India instead of China, contrary to the contract's specifications. The appellant's representative, having witnessed the main contract and being party to the sub-contract, was deemed to have knowledge of the contract terms and obligations. The sub-contract did not exonerate the appellant from prior breaches nor did it create an entitlement to compensation for all prior imports or civil works, except as specifically provided. The court held…
Byakiika v Amotrust Construction Services Limited and 3 Others (Civil Suit No. 951 of 2018) [2022] UGCommC 79 (21 June 2022)
Court
Commercial Court of Uganda
Case number
Civil Suit No. 951 of 2018
Judge
Wabwire, J
The court found that the Plaintiff was not a stranger to the subcontract between the 1st and 3rd Defendants. Documentary evidence, including annexures to the Plaint, demonstrated that the 3rd Defendant was made aware of the assignment of payment rights to the Plaintiff and agreed to make payments directly. The legal principles on assignment and privity of contract, as cited, establish that the Plaintiff had a right to sue the 3rd Defendant for non-payment under the arrangement. Therefore, the Plaint discloses a cause of action against the 3rd Defendant, and the preliminary objection is overru…
Steam Investiments Limited v Isolux Ingenieria (Civil Suit No. 91 of 2021) [2022] UGCommC 86 (24 May 2022)
Court
Commercial Court of Uganda
Case number
Civil Suit No. 91 of 2021
Judge
Wabwire, J
The court found that three subcontracts between the plaintiff and defendant were valid and enforceable, having satisfied all legal requirements for contract formation. The defendant breached these contracts by failing to pay the agreed contractual sums and penalties, despite the plaintiff's performance and repeated demands. The penalty clauses for late payment were valid and enforceable, entitling the plaintiff to accumulated penalties. The plaintiff proved substantial financial loss and distress directly resulting from the defendant's breach, justifying an award of general damages. The court…
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%.
Kiboko Enterprises Ltd v Philps East Africa Ltd & Anor (HCCS 601 of 2016) [2019] UGCommC 10 (3 May 2019)
Court
Commercial Court of Uganda
Case number
HCCS 601 of 2016
The High Court held that Kiboko Enterprises breached the subcontract by diverting from agreed China-sourced components, causing non-performance and termination.
Halai Construction Limited v Coil Limited (HCCS 785 of 2014) [2017] UGCommC 61 (29 June 2017)
Court
Commercial Court of Uganda
Case number
HCCS 785 of 2014
The High Court found the plaintiff had failed to prove breach or unpaid amounts under subcontract works and dismissed the suit, while rejecting the counterclaim.