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Entebbe handling services v Uganda Fish Packers (Civil Appeal No. 0030 of 2010)

Court of Appeal · [2018] UGCA 116 · 2018 Appeal Allowed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Civil appeal from High Court (Commercial Division) judgment in a suit for breach of contract and negligence
Decision
Appeal allowed; High Court judgment set aside and respondent's claim dismissed

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Holding

The Court of Appeal allowed the appeal, holding that there was no evidence of negligence or breach of contract by the cargo handling agent, since it had loaded the bulk of the consignment with only a small portion rejected. The court found the trial judge failed to properly evaluate the evidence: the claimed sum of US$48,294.26 was unspecified and unproven, special damages were not pleaded or particularised, and there was no proof of where or when the fish reached unacceptable temperatures. With no established wrong, awards of general damages and interest could not stand. The High Court judgment was set aside and the respondent's claim dismissed with costs.

Facts

On or about 12 September 1998 the respondent fish exporter delivered 36,800 kilograms of fish to the appellant, the cargo handling agent at Entebbe airport, for loading onto a chartered aircraft bound for Europe. Under the contractual arrangement, loading the cargo was the appellant's responsibility while the respondent's obligation was to deliver the fish in good condition at the airport, which it did. No specific delivery time was agreed, but loading was to be completed at least one hour before departure. The chartered plane arrived several hours late and the fish was kept on the tarmac for an extended period. Upon delivery to the respondent's customers in Europe, 9,494 kilograms of the consignment were rejected for being above the accepted temperature. The respondent sued for US$48,294.26 representing the value of the rejected fish, general damages, and interest. The trial court found the appellant negligent and awarded the claimed sum, US$10,000 general damages, and interest at 20% per annum. The appellant appealed.

Issues

  1. Whether the appellant was negligent and in breach of its duty of care in handling the respondent's fish.
  2. Whether the learned trial judge failed to properly evaluate the evidence.
  3. Whether the trial court's award of interest at 20% per annum was excessive.

Orders

  • The judgment and decree of the High Court is set aside and substituted with a judgment dismissing the respondent's entire claim.
  • The respondent shall pay costs at this court and at the lower court.

Key headnotes

Negligence — Bailment of Goods — Burden of Proving Breach of Duty of Care
Where a cargo handling agent largely fulfils its duty by loading the bulk of a consignment and only a small portion is rejected, and there is no proof of where or when the goods deteriorated, no negligence or breach of the duty of care is established against the handler.
Special Damages — Requirement to Plead and Prove
Special damages must be specifically pleaded, particularised, and proved by evidence; a claimed sum that is neither specified nor supported by evidence of value cannot be awarded.
First Appeal — Duty to Re-evaluate Evidence
A first appellate court is required to re-appraise the evidence and draw its own inferences on all issues of law and fact, while remaining mindful that it did not observe the demeanour of witnesses.
Damages — Wrong as Precondition — Consequences for Interest
Damages presuppose a wrong, whether in tort or contract; where no wrong is established, awards of general damages and interest thereon cannot stand and must be set aside.

Legislation cited (2)

  • Civil Procedure Act s.26
  • Judicature (Court of Appeal) Rules r.30

Cases cited (8)

  • BAT (1984) v Selestino Mushongore (Civil Appeal No. 26 of 1994)
  • BM Technical Services v Crescent Transporters (Civil Appeal No. 8 of 2002)
  • Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
  • Bogere Moses & Anor v Uganda (Criminal Appeal No. 1 of 1997)
  • Jacob MathewV State of Punjab and Anor, Appeal (crl.) 144-145 of 2004
  • Wall Stainer vs Whah, (1945) Queens Bench 388
  • Rwemicandara Shinon and Anor Vs Marksmovey Alokdep Rovik, Supreme Court Civil Appeal No. 9 of 2003
  • Sietco v Noble Builders (Uganda) Ltd (Civil Appeal No. 81 of 1995)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.