[2004] UGHCCD 4

[2004] UGHCCD 4

The court found that there was no alteration of the original contract for the supply of a 5-door Escudo vehicle. The evidence showed that the plaintiff consistently demanded either delivery of the contracted vehicle or a refund, and rejected all attempts by the defendant to substitute a different vehicle. The defendant failed to deliver the vehicle as agreed and did not provide sufficient evidence of any amendment to the contract. The court held that the defendant was in breach of contract and liable to refund the purchase price, pay general damages for breach, and compensate the plaintiff for travel and accommodation expenses incurred in pursuit of his claim. The court declined to award...

Citation
[2004] UGHCCD 4
Parties
Plaintiff: Dr. Okello Anam Silvanus; Defendant: Otto Richard
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
25 August 2004
Case Number
HCT-04-CV-CS-0043/2003
Procedural Posture
Civil Suit / Judgment
Outcome
judgment for the plaintiff
Judges
Rugadya, J
Legal Topics
Breach of Contract, Specific Performance, Damages for Non Delivery, Contract Modification, Refund of Purchase Price
Source Language
English
Commercial and Corporate Civil Procedure Breach of Contract Specific Performance Damages for Non Delivery Contract Modification Refund of Purchase Price

Case Brief

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Parties

Dr. Okello Anam Silvanus

Plaintiff

Otto Richard

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the agreement for the supply of a 5-door Escudo motor vehicle was subsequently altered to supply a cheaper motor vehicle, a Toyota Corona.
  2. 2 Was the motor vehicle Toyota Corona imported and offered to the plaintiff by the defendant.
  3. 3 Whether the plaintiff is entitled to a refund of shs. 7 million or ought to take possession of the imported Toyota Corona.

Ratio Decidendi

The court found that there was no alteration of the original contract for the supply of a 5-door Escudo vehicle. The evidence showed that the plaintiff consistently demanded either delivery of the contracted vehicle or a refund, and rejected all attempts by the defendant to substitute a different vehicle. The defendant failed to deliver the vehicle as agreed and did not provide sufficient evidence of any amendment to the contract. The court held that the defendant was in breach of contract and liable to refund the purchase price, pay general damages for breach, and compensate the plaintiff for travel and accommodation expenses incurred in pursuit of his claim. The court declined to award...

Court Disposition

judgment for the plaintiff

Orders

  • The plaintiff shall recover from the defendant the sum of shs. 7 million paid for the vehicle, which was not delivered.
  • The defendant shall pay shs. 2 million as general damages.