[2021] UGCommC 188

[2021] UGCommC 188

The court found that the contract between the plaintiff and defendants was executed on 1st December, 2017, being the date of the last signature. The plaintiff proved, through invoices, delivery notes, and ledgers, that it supplied goods worth shs. 1,054,074,000/=, of which only shs. 475,261,000/= was paid, leaving...

Source-derived case information.

Citation
[2021] UGCommC 188
Parties
Plaintiff: Vrund General Hardware Limited; Defendant: Quartz Foundation Limited; Defendant: Opio Innocent
Court
Commercial Court of Uganda
Jurisdiction
Uganda
Case Number
Civil Suit 961 of 2019
Procedural Posture
Civil Suit / Judgment
Outcome
Judgment for the plaintiff.
Judges
Stephen Mubiru, J
Legal Topics
Contract Enforcement, Breach of Contract, Sale of Goods, Specific Performance, Damages for Non Payment
Source Language
en
Commercial and Corporate Civil Procedure Contract Enforcement Breach of Contract Sale of Goods Specific Performance Damages for Non Payment

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Parties

Vrund General Hardware Limited

Plaintiff

Quartz Foundation Limited

Defendant

Opio Innocent

Defendant

Procedural Posture

Civil Suit / Judgment

  1. 1 Whether the court has jurisdiction to entertain this suit and which law is applicable.
  2. 2 When was the contract executed?
  3. 3 Whether the defendant breached the contract entered into for the supply of materials with the plaintiff.

Ratio Decidendi

The court found that the contract between the plaintiff and defendants was executed on 1st December, 2017, being the date of the last signature. The plaintiff proved, through invoices, delivery notes, and ledgers, that it supplied goods worth shs. 1,054,074,000/=, of which only shs. 475,261,000/= was paid, leaving an outstanding balance of shs. 578,813,000/=. The defendants failed to provide credible evidence of further payments, and their claim of lost records was viewed with suspicion, leading to an adverse inference. The court held that the defendant breached the contract by failing to pay within the stipulated period. The plaintiff was entitled to recover the outstanding sum, interest...

Court Disposition

Judgment for the plaintiff.

Orders

  • The sum of shs. 578,813,000/= is awarded to the plaintiff as outstanding under the contract.
  • Interest at 10% per annum on the principal sum from 20th November, 2018 until 21st November, 2019.