[1994] UGHC 22

[1994] UGHC 22

The court found that a valid contract existed between the plaintiff and the defendant, evidenced by the agreement for the plaintiff to deposit empty beer crates in exchange for beer supply. The defendant breached the contract by failing to supply beer and refusing to return the crates or pay their value after...

Source-derived case information.

Citation
[1994] UGHC 22
Parties
Plaintiff: David Muhizi t/a M. M. Enterprises; Defendant: Nile Breweries Limited
Court
High Court of Uganda
Jurisdiction
Uganda
Case Number
Civil Suit No.52 of 1993
Procedural Posture
Civil Suit / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Breach of Contract, Agency Relationships, Assessment of Damages
Source Language
en
Commercial and Corporate Civil Procedure Breach of Contract Agency Relationships Assessment of Damages

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

David Muhizi t/a M. M. Enterprises

Plaintiff

Nile Breweries Limited

Defendant

Procedural Posture

Civil Suit / Judgment

  1. 1 Whether or not there was any valid contract made between the plaintiff and the defendant.
  2. 2 Whether or not there was any breach of that contract by the defendant.
  3. 3 Whether or not the plaintiff is entitled to the relief claimed for.

Ratio Decidendi

The court found that a valid contract existed between the plaintiff and the defendant, evidenced by the agreement for the plaintiff to deposit empty beer crates in exchange for beer supply. The defendant breached the contract by failing to supply beer and refusing to return the crates or pay their value after demand. In the absence of any defence or contrary evidence, the plaintiff's account was accepted. The court held that the appropriate measure of damages was the difference between the current value of the crates and their value at the time of breach, to restore the plaintiff to the position he would have been in had the contract been performed. Judgment was entered for the plaintiff...

Court Disposition

judgment for the plaintiff

Orders

  • The defendant is to return to the plaintiff 755 empty crates of bottles of beer or pay the current market value of 755 empty crates of bottles of beer.
  • The defendant is to pay the plaintiff general damages totaling to 4,379,000/=.