[2017] UGCommC 96

[2017] UGCommC 96

The court found that the plaintiff was entitled to judgment for the liquidated sum as previously entered by the Registrar due to the defendant's default. On the issue of general damages, the court held that while the plaintiff was deprived of the use of its money and suffered inconvenience, there was no sufficient evidence or pleading to support claims of additional losses related to third-party contracts or bank facilities. The court emphasized that such specific losses must be pleaded and proved, not merely raised in evidence or submissions. The claim for aggravated damages failed as the defendant's conduct did not amount to impunity or cynical disregard for the plaintiff's rights. The...

Citation
[2017] UGCommC 96
Parties
Plaintiff: Costa Construction Services; Defendant: Globe Trotters Limited
Court
Commercial Court of Uganda
Jurisdiction
Uganda
Judgment Date
18 August 2017
Case Number
HCT-00-CC-CS 790 of 2015
Procedural Posture
Civil Suit / Judgment After Default and Formal Proof on Damages
Outcome
Judgment for the plaintiff for the liquidated sum and general damages; aggravated damages denied.
Legal Topics
Liquidated Damages, General Damages, Default Judgment, Pleadings Requirements
Source Language
English
Commercial and Corporate Civil Procedure Liquidated Damages General Damages Default Judgment Pleadings Requirements

Case Brief

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Parties

Costa Construction Services

Plaintiff

Globe Trotters Limited

Defendant

Procedural Posture

Civil Suit / Judgment After Default and Formal Proof on Damages

Legal Issues

  1. 1 Whether the plaintiff is entitled to general damages for non-payment under the contract.
  2. 2 Whether the plaintiff is entitled to aggravated damages for the defendant's conduct.

Ratio Decidendi

The court found that the plaintiff was entitled to judgment for the liquidated sum as previously entered by the Registrar due to the defendant's default. On the issue of general damages, the court held that while the plaintiff was deprived of the use of its money and suffered inconvenience, there was no sufficient evidence or pleading to support claims of additional losses related to third-party contracts or bank facilities. The court emphasized that such specific losses must be pleaded and proved, not merely raised in evidence or submissions. The claim for aggravated damages failed as the defendant's conduct did not amount to impunity or cynical disregard for the plaintiff's rights. The...

Court Disposition

Judgment for the plaintiff for the liquidated sum and general damages; aggravated damages denied.

Orders

  • Judgment for the plaintiff for UGX 227,569,318 as liquidated demand.
  • General damages of UGX 30,000,000 awarded to the plaintiff.