[1993] UGHC 29
The suit was dismissed by consent of both parties after the plaintiff sought to withdraw and the defendant resisted. The dismissal was ordered with costs to the defendant. The court did not adjudicate the substantive issues of breach of contract or partnership liability, as the parties agreed to terminate the...
Source-derived case information.
- Citation
- [1993] UGHC 29
- Parties
- Plaintiff: James Mugerwa; Defendant: Wagona t/a Skyline Coffee Processors
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Suit No. 619 of 1992
- Procedural Posture
- Civil Suit / Final Order
- Outcome
- suit dismissed by consent with costs to the defendant
- Judges
- Okello, J
- Legal Topics
- Partnership Disputes, Breach of Contract, Loan Security, Mortgage Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mugerwa
Plaintiff
Wagona t/a Skyline Coffee Processors
Defendant
Procedural Posture
Civil Suit / Final Order
Legal Issues
- 1 Whether the defendant breached the partnership agreement by failing to service the loan secured by the plaintiff.
- 2 Whether the plaintiff is entitled to repayment of the loan and general damages for breach of contract.
- 3 Whether the plaintiff's land, mortgaged as security, is at risk due to the defendant's actions.
Ratio Decidendi
The suit was dismissed by consent of both parties after the plaintiff sought to withdraw and the defendant resisted. The dismissal was ordered with costs to the defendant. The court did not adjudicate the substantive issues of breach of contract or partnership liability, as the parties agreed to terminate the proceedings. The operative legal principle is that a suit may be dismissed by consent, and costs follow the event as agreed by the parties.
Court Disposition
suit dismissed by consent with costs to the defendant
Orders
- The suit is dismissed by consent of both parties.
- Costs of the suit are awarded to the defendant.
Full Case Text
Judgment text and source record
16 paragraphs
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
CIVIL SUIT NO. 619 OF 1992
JAMES MUGERWA:::::::::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF
VERSUS
WAGONA T/A SKYLINE COFFE PROCESSORS::::::::::::::::DEFENDANT BEFORE: THE HON. MR. JUSTICE G. M. OKELLO
ORDER,
The Plaintiff brought this suit against the defendant allegedly in breach of contract and claimed against the defendant
1. Repayment of the loan plus interest to the Plaintiff's Bankers. 2. General Damages for breach of contract. 3. Costs of this suit and 4. Interest on (b) at the rate of per annum from the date of filing till payment in full.
It was the case for the Plaintiff that in 1990, the Plaintiff entered into a partnership with the Defendant in the business of buying, processing and selling coffee. That the Plaintiff provided capital for running the partnership business; the Defendant in turn availed his licence, mill number for processing coffee, and account number for use in the partnership. That the said partnership business thereon commenced and operated under the above arrangement. That after sometime was mutually agreed between the Defendant and the Plaintiff that:-
1. The Partnership capital be raised. 2. The plaintiff's land title certificate be used as security for obtaining a loan for the partnership business. 3. Once obtained the said loan would be used only for the partnership business. 4. That proceeds from the said loan be used for servicing the same till liquidation.
That pursuance to the aforesaid mutual agreement, the plaintiff exe cuted a mortgage of his land and secured a loan from Messrs Interstate Finance company Ltd. For the above named purpose. When the loan was obtained, coffee was purchased, processed and sold to coffee marketing Board made the necessary payments through the Defendant’s account as had mutually been agreed upon. That the defendant refused and or neglected to pay the money to service the Bank loan and Messrs Interstate Finance Company LTD. Threatened to sell off the plaintiff’s land which was mortgage. Consequently the plaintiff brought this suit against the defendant for breach of contract. The Defendant denied the claim.
After pleadings, the parties set down the case for hearing. At the hearing, counsel for the called the plaintiff and later sought to withdraw the suit. When that move was resisted, both counsels consented to the dismissal of the suit with cost. Upon that consent the suit was duly ordered to be dismissed with cost.
G. M. OKELLO
JUDGE
13/5/93