[2002] UGHC 100

[2002] UGHC 100

The court found that a valid contract existed between the plaintiff and the defendant for the extraction and sale of murram at an agreed price. The defendant breached the contract by failing to pay for the murram taken and abandoning the remainder, causing the plaintiff financial loss and rendering his land useless...

Source-derived case information.

Citation
[2002] UGHC 100
Parties
Plaintiff: Rev. Canon Gibson Wodero; Defendant: Lunco Contractors Ltd
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
5 September 2002
Case Number
Hct-04-cv-cs-0082/2001
Procedural Posture
Civil Suit / Exparte Judgment
Outcome
judgment_for_plaintiff
Judges
Mwondha, J
Legal Topics
Breach of Contract, Damages Assessment, Specific Performance, Contractual Remedies
Source Language
english
Commercial and Corporate Civil Procedure Breach of Contract Damages Assessment Specific Performance Contractual Remedies

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rev. Canon Gibson Wodero

Plaintiff

Lunco Contractors Ltd

Defendant

Procedural Posture

Civil Suit / Exparte Judgment

Legal Issues

  1. 1 Whether there was a breach of contract by the defendant.
  2. 2 Whether the plaintiff is entitled to the remedies prayed for, including damages and specific performance.

Ratio Decidendi

The court found that a valid contract existed between the plaintiff and the defendant for the extraction and sale of murram at an agreed price. The defendant breached the contract by failing to pay for the murram taken and abandoning the remainder, causing the plaintiff financial loss and rendering his land useless for agricultural purposes. The plaintiff failed to prove special damages with sufficient evidence, so only general damages were awarded. The court declined to order specific performance due to lack of evidence on how it could be performed. Judgment was entered for the plaintiff for general damages and costs.

Court Disposition

judgment_for_plaintiff

Orders

  • General damages of 2,000,000/= awarded to the plaintiff for breach of contract.
  • Interest at 8% per annum from the date of judgment until payment in full.