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The High Court partly allowed ALAF Limited’s claim for overpayment on clearing services and dismissed Minex Logistics Limited’s counterclaim for unpaid fees.
The appellant was only entitled to payment for the external survey (Shs. 775,000) as the internal survey was not payable without obtaining the Right of Occupancy, which was the appellant's responsibility. The respondent had overpaid the appellant by Shs. 1.7 million, but no enforceable order for repayment could be made due to the struck-out counterclaim. Orders for penalties and further payments were set aside as untenable.
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Appeal over a grinding machine dispute dismissed. The court found no agreement to sell the second machine and treated the payment as overpayment for the first.
Plaintiff was not entitled to further payment on quantum meruit as contract was entire and no new agreement to pay for incomplete works could be inferred; frustration was not established as difficulties were foreseeable and within parties' control; plaintiff not entitled to payment for unused materials as relinquishment was supported by consideration; defendant not entitled to recover alleged overpayment as payments were certified by architect with full authority.
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