Meridiana Africa Airlines (U) Ltd v Avmax Spares (EA) Ltd (Civil Suit 111 of 2017) [2024] UGCommC 20 (19 January 2024)
Court
Commercial Court of Uganda
Case number
Civil Suit 111 of 2017
Judge
Stephen Mubiru, J
The High Court held that the defendant did not breach the first contract after a valid set-off, but awarded the plaintiff 90% of the price for a second asset sale.
Baguma t/a Panache Associates v Karuma (CIVIL SUIT NO. 002 OF 2015) [2019] UGHCCD 236 (20 December 2019)
Court
HC: Civil Division (Uganda)
Case number
CIVIL SUIT NO. 002 OF 2015
Judge
Musa Ssekaana, J
The High Court held that the tenant’s failure to pay rent was a fundamental breach of the tenancy agreement. The plaintiff’s suit was dismissed and the defendant’s counterclaim succeeded.
Ngara Hotel Limited and Others v Suleman and Others (Privy Council Appeal No. 11 of 1950) [1952] EACA 214 (1 January 1952)
Court
East African Court of Appeal
Case number
Privy Council Appeal No. 11 of 1950
The Privy Council dismissed an appeal over possession of leased premises, holding there was no waiver, section 111 was satisfied, and the tenants lacked protection.
Kassam Jivraj and Company Limited v Gulamhussein and Company Limited (Civil Case No. 42 of 1947 (Mombasa)) [1951] EACA 337 (1 January 1951)
Court
East African Court of Appeal
Case number
Civil Case No. 42 of 1947 (Mombasa)
Judge
De Lestang J
The court found that three distinct contracts existed between the parties, including a specific contract for 250 tons of chora to be shipped by the first available steamer. The plaintiffs fulfilled their payment obligations for the chora, but the defendants failed to deliver as required, constituting a breach. The defendants' arguments for set-off and waiver were rejected; the contracts were independent and no special equity justified set-off. The plaintiffs did not waive their rights except for certain goods where correspondence showed acceptance of late or excess shipments. Damages for non-…
Shah v Khan (Civil Appeal No. 4 of 1948) [1948] EACA 8 (1 January 1948)
Court
East African Court of Appeal
Case number
Civil Appeal No. 4 of 1948
Judge
Edwards CJ, Gray CJ, Nihill P
The Court of Appeal held that a purchaser’s failure to tender a conveyance did not bar specific performance where the vendor’s conduct waived that formality.