[2015] UGCommC 289
By consent of the parties, the court declares that the defendant is liable to pay the plaintiff USD 600,000 under the contract dated 22/03/2014. The defendant's failure to pay by 20/07/2014 constituted breach of contract. The parties have agreed that the defendant shall surrender the two specified helicopters to the...
Source-derived case information.
- Citation
- [2015] UGCommC 289
- Parties
- Plaintiff: Kala Minerals Development Limited; Defendant: Universal Avia
- Court
- Commercial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Suit No. 757 of 2015
- Procedural Posture
- Civil Suit / Consent Judgment
- Outcome
- consent judgment entered for the plaintiff; suit settled by surrender of aircrafts in full and final settlement of USD 600,000 claim.
- Legal Topics
- Contract Breach, Debt Recovery, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kala Minerals Development Limited
Plaintiff
Universal Avia
Defendant
Procedural Posture
Civil Suit / Consent Judgment
Legal Issues
- 1 Whether the defendant is liable to pay the plaintiff USD 600,000 under the contract dated 22/03/2014.
- 2 Whether failure to pay by 20/07/2014 constituted breach of contract.
- 3 Whether surrender of the aircrafts constitutes full and final settlement of the plaintiff's claim.
Ratio Decidendi
By consent of the parties, the court declares that the defendant is liable to pay the plaintiff USD 600,000 under the contract dated 22/03/2014. The defendant's failure to pay by 20/07/2014 constituted breach of contract. The parties have agreed that the defendant shall surrender the two specified helicopters to the plaintiff in full and final settlement of the claim. Upon handover and possession of the aircrafts, the plaintiff shall have no further claims against the defendant in respect of this suit. Each party shall bear its own costs, and the plaintiff is responsible for any parking and storage charges accrued at Entebbe Airport.
Court Disposition
consent judgment entered for the plaintiff; suit settled by surrender of aircrafts in full and final settlement of USD 600,000 claim.
Orders
- Defendant to surrender Helicopter Mi – 8 – T, Registration Marks UR-24165, Serial Number 98941935 and Helicopter Mi – 8 – T, Registration Marks UR-24218, Serial Number 98730395 to the plaintiff in full and final settlement of the claim.
- Plaintiff to take possession of the aircrafts upon execution of the consent judgment.
Full Case Text
Judgment text and source record
26 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA AT KAMPALA**
**(COMMERCIAL DIVISION)**
**CIVIL SUIT NO.757 OF 2015**
KALA MINERALS DEVELOPMENT LIMITED…………………………..………. PLAINTIFF
**VERSUS**
UNIVERSAL AVIA...........................................................................................…... DEFENDANT
**CONSENT JUDGEMENT**
**BY CONSENT** of the parties to the above suit, it is hereby agreed that Judgment be and is hereby entered in favour of the Plaintiff the above suit as follows;
1. It is hereby DECLARED that the Defendant owes the plaintiff and is therefore liable to pay to the plaintiff a sum of **USD600,000** (United States Dollars Six Hundred Thousand Only) being sum of money the plaintiff advanced to the defendant under contract dated 22/03/2014 to finance the repair of the Defendant’s Aircrafts; Helicopter Mi – 8 – T, Registration Marks UR-24165, Serial Number 98941935 and Helicopter Mi – 8 – T, Registration Marks UR-24218, Serial Number 98730395, currently stationed at Entebbe Airport; 2. It is further declared that failure and/or default by the Defendant to pay to the plaintiff the said sum of **USD600,000** (United States Dollars Six Hundred Thousand Only) on or before the due date of 20/07/2014 constituted breach of the contract. 3. It is HEREBY Ordered that the Defendant surrenders to the plaintiff the above two (2) Aircrafts namely; Helicopter Mi – 8 – T, Registration Marks UR-24165, Serial Number 98941935 and Helicopter Mi – 8 – T, Registration Marks UR-24218, Serial Number 98730395, currently stationed at Entebbe Airport to the Plaintiff in full and final settlement of the Plaintiff’s claims for USD 600,000 (United States Dollars Six Hundred Thousand Only) in the above suit. 4. That the defendant shall handover to the plaintiff and the Plaintiff shall take possession of the above described two (2) described Helicopters upon or soon after execution of this consent Judgment and the Plaintiff shall, upon receipt the said Aircrafts, have no more claims against the Defendant in respect of the above suit. 5. That it shall be the responsibility of the Plaintiff to settle parking and storage charges that accrued as a result of stationing the above described Helicopters at Entebbe Airport. 6. That each party shall meet its costs of the suit.
Dated at Kampala this……18th…………day of………November………………………….2015.
………………………………………. …………………………………..
LABONGO BEATRICE SALAMON ALEKSANDR
**FOR THE PLAINTIFF** **FOR THE DEFENDANT**
…………………………………………..….
STANLEY OMONY & CO. ADVOCATES
**COUNSEL FOR THE PLAINTIFF**
LODGED in the Court Registry this……1st……day of ……December…………………..2015
**……………………………..…………..**
**REGISTRAR**
**DRAWN & FILED BY**:
Stanley Omony & Co. Advocates,
Bhatia Chambers,
Plot 5, Parliament Avenue,
P. O. Box 12423,
Kampala.