[1990] UGHC 4

[1990] UGHC 4

The court found that a valid contract existed between the parties for civil engineering works at Kasawo and Lube Factories, and that the plaintiff had fully performed its obligations under the contract. The plaintiff submitted bills of quantities and a statement of account, which established the total value of the works and the advances paid. The balance due to the plaintiff was US $31,383.00, or its equivalent in Uganda shillings at the official exchange rate. The defendant failed to pay the outstanding balance and did not provide any evidence to contradict the plaintiff's case or support its counterclaim. The court held that the plaintiff was entitled to the claimed amount, interest at...

Citation
[1990] UGHC 4
Parties
Plaintiff: Superior Construction & Engineering Limited; Defendant: Notay Engineering Industries (1918) Ltd
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
1 June 1990
Case Number
Civil Suit No.702/89
Procedural Posture
Civil Suit / Judgment
Outcome
Judgment for the plaintiff. Defendant's counterclaim dismissed.
Legal Topics
Breach of Contract, Subcontractor Payment, Quantum Meruit, Interest Awards
Source Language
English
Commercial and Corporate Civil Procedure Breach of Contract Subcontractor Payment Quantum Meruit Interest Awards

Case Brief

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Parties

Superior Construction & Engineering Limited

Plaintiff

Notay Engineering Industries (1918) Ltd

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to the balance of payment for the work done at Lube and Kasawo Factories.
  2. 2 Whether the defendant is liable to pay interest and costs on the decretal amount.

Ratio Decidendi

The court found that a valid contract existed between the parties for civil engineering works at Kasawo and Lube Factories, and that the plaintiff had fully performed its obligations under the contract. The plaintiff submitted bills of quantities and a statement of account, which established the total value of the works and the advances paid. The balance due to the plaintiff was US $31,383.00, or its equivalent in Uganda shillings at the official exchange rate. The defendant failed to pay the outstanding balance and did not provide any evidence to contradict the plaintiff's case or support its counterclaim. The court held that the plaintiff was entitled to the claimed amount, interest at...

Court Disposition

Judgment for the plaintiff. Defendant's counterclaim dismissed.

Orders

  • Judgment entered for the plaintiff in the sum of Uganda Shs.12,051,112/=, being the equivalent of US $31,383 at the official exchange rate of 384/=
  • Interest on the decretal amount at 40% from the date of judgment