Wakilii

Bazira Sam & Joseph Odoi Ochieng & Anor v Container Freight Ltd (HCT-00-CC-CS 745 of 2005)

High Court · [2007] UGCOMMC 50 · 2007 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection to jurisdiction raised at scheduling conference in a breach of contract suit
Decision
Preliminary objection dismissed; matter to proceed to scheduling

Observed later treatment

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Holding

The Court has jurisdiction over a contract dispute where performance was to be completed in Uganda by delivery of goods in Kampala, notwithstanding that the contract was partly performed in Kenya and the loss occurred in Kenya. Under section 15 of the Civil Procedure Act, jurisdiction arises where the contract was to be performed or its performance completed. The plaintiffs were at liberty to file in either Kenya or Uganda and their choice of Uganda cannot be faulted.

Outcome

Preliminary objection dismissed; matter to proceed to scheduling

Facts

The plaintiffs, Bazira Sam and Joseph Odoi Ochieng, engaged the defendant Container Freight Ltd, a Kenyan transport company, to transport a cargo container from Mombasa to Kampala in June 2005. The plaintiffs paid K Shs. 186,050 for the service. The container and its cargo were lost in transit in Western Kenya while being escorted by Kenyan Police. The plaintiffs sued in the Commercial Division of the High Court of Uganda for breach of contract, claiming US $23,790 and K Shs. 186,050 in special damages plus general damages. At the scheduling conference, the defendant raised a preliminary objection that the Court lacked jurisdiction because the theft occurred in Kenya, the goods were escorted by Kenyan Police, and witnesses were based in Kenya.

Issues

  1. Whether the High Court of Uganda (Commercial Division) has jurisdiction over a contract dispute where the contract was to be performed partly in Kenya and partly in Uganda, and where the loss occurred in Kenya.

Orders

  • Preliminary objection overruled.
  • Suit to proceed to the next stage of scheduling.
  • Costs to abide the outcome of the suit.

Rules and key headnotes

Civil Procedure — Jurisdiction — Contracts — Section 15 Civil Procedure Act
In suits arising out of contract, jurisdiction arises under section 15 of the Civil Procedure Act at any of the following places: (i) where the contract was made; (ii) where the contract was to be performed or its performance completed; and (iii) where any money to which the suit relates was expressly or impliedly payable.
Civil Procedure — Jurisdiction — Cross-Border Contracts — Concurrent Jurisdiction
Where a contract is to be performed partly in one country and partly in another, and its performance is to be completed by delivery in Uganda, Courts in both countries have concurrent jurisdiction and the plaintiff is at liberty to choose in which country to file suit.
Civil Procedure — Jurisdiction — Witnesses Located Abroad
The fact that most witnesses are located in a foreign country is not sufficient ground to oust the jurisdiction of the Ugandan Court where jurisdiction otherwise exists; the remedy for inconvenience is an appropriate award of costs to the deserving party.

Legislation cited (1)

Full judgment

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Bazira Sam & Joseph Odoi Ochieng & Anor v Container Freight Ltd (HCT-00-CC-CS 745 of 2005) [2007] UGCommC 50 (23 May 2007)
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.