Kyamuhunga Tea Co. Limited v Daks Couriers Limited
Kyamuhunga Tea Co. Limited v Daks Couriers Limited (Civil Suit No. 862 of 2017) [2019] UGCommC 19 (12 July 2019)
The Defendant, as carrier, owed a non-delegable duty to safely deliver the Plaintiff's consignment to the agreed destination. Subcontracting without the Plaintiff's written consent did not absolve the Defendant of liability. The disappearance of the consignment after transfer to another truck constituted breach of contract. The Plaintiff proved special damages for the lost consignment and VAT/fines paid, but failed to prove payment of the claimed fine. General damages were awarded for loss and embarrassment suffered. Interest was granted at commercial rates to compensate for deprivation of fu…
Source excerpt
- Breach Of Contract
- Carrier Liability
- Special Damages
- General Damages
- Interest Award
- Subcontractor Responsibility