[2015] UGCommC 81

[2015] UGCommC 81

The court held that the reconciliation of accounts by Messieurs Ernst & Young, appointed by consent under Section 27 of the Judicature Act, was binding and unimpeachable on the grounds advanced by either party. The Plaintiff's claim for UGX 151,625,029 was not strictly proved as special damages, and the evidence did not support the pleaded amount. The audit report established that the Plaintiff was indebted to the Defendants in the sum of UGX 22,428,081 for the period January to October 2010. The Defendants' additional claim for overpayments was excluded by the auditors due to lack of independent verification and could not be reopened by the court. Both parties had ample opportunity to...

Citation
[2015] UGCommC 81
Parties
Plaintiff: Simba Telecom Ltd; Defendant: Karuhanga Jason; Defendant: Sanipars Ltd
Court
Commercial Court of Uganda
Jurisdiction
Uganda
Judgment Date
15 May 2015
Case Number
HCCS 242 of 2011
Procedural Posture
Civil Suit / Judgment
Outcome
Plaintiff's suit dismissed with costs; Defendants' counterclaim succeeds.
Legal Topics
Contract Breach, Commission Disputes, Audit Reference, Special Damages, Account Reconciliation
Source Language
English
Commercial and Corporate Civil Procedure Contract Breach Commission Disputes Audit Reference Special Damages Account Reconciliation

Case Brief

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Parties

Simba Telecom Ltd

Plaintiff

Karuhanga Jason

Defendant

Sanipars Ltd

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the counterclaimant is entitled to the prayers in the counterclaim.
  2. 2 Whether the Plaintiff is entitled to the monies claimed in the plaint.
  3. 3 What remedies are available to the parties.

Ratio Decidendi

The court held that the reconciliation of accounts by Messieurs Ernst & Young, appointed by consent under Section 27 of the Judicature Act, was binding and unimpeachable on the grounds advanced by either party. The Plaintiff's claim for UGX 151,625,029 was not strictly proved as special damages, and the evidence did not support the pleaded amount. The audit report established that the Plaintiff was indebted to the Defendants in the sum of UGX 22,428,081 for the period January to October 2010. The Defendants' additional claim for overpayments was excluded by the auditors due to lack of independent verification and could not be reopened by the court. Both parties had ample opportunity to...

Court Disposition

Plaintiff's suit dismissed with costs; Defendants' counterclaim succeeds.

Orders

  • Plaintiff to pay Defendants UGX 22,428,081.
  • Interest awarded at 20% per annum from 1 January 2011 to 6 July 2011.