Wakilii

Board Of Governors Of Daniel Comboni Polytechnic v Sebi Kitzito (HIGH COURT CIVIL APPEAL NUMBER 001 OF 2025)

High Court · [2026] UGHC 385 · 2026 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First appeal from Chief Magistrate's Court judgment in civil suit for breach of contract
Decision
Appeal dismissed; lower court judgment for the respondent upheld; payment of UGX 22,000,000 ordered to be transferred to respondent

Observed later treatment

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Holding

The High Court dismissed the appeal and upheld the Chief Magistrate's finding that a valid contract existed between the parties for the supply of construction materials. The court found that expert evidence from the Government Analytical Laboratory established that documents bearing the appellant's logo, stamp, and signature were authentic. The court held that the trial magistrate properly evaluated the evidence and correctly applied the law on contracts. The court also upheld the award of 18% interest, holding that courts have discretion to award interest at rates they deem reasonable under the Civil Procedure Act.

Outcome

Appeal dismissed; lower court judgment for the respondent upheld; payment of UGX 22,000,000 ordered to be transferred to respondent

Facts

The respondent supplied construction materials to the appellant under a contract evidenced by a Local Purchase Order dated 6 May 2019. The respondent claimed UGX 20,070,000 for unpaid materials. The appellant denied the existence of a valid contract and disputed the authenticity of documents bearing its logo, stamp, and signature. The Chief Magistrate's Court found in favour of the respondent and awarded UGX 20,070,000 principal sum, 18% interest on UGX 17,240,000, general damages of UGX 1,000,000, and costs. The appellant appealed on ten grounds, primarily challenging the existence of a valid contract and the reliance on expert evidence. During the appeal process, the parties attempted mediation and signed a debt repayment agreement for UGX 22,000,000 in three instalments, though this settlement was not fully performed.

Issues

  1. Whether the trial magistrate erred in finding that a valid contract existed between the appellant and the respondent.
  2. Whether the trial magistrate erred in relying on expert evidence and documentary evidence to establish the existence of a contract.
  3. Whether the trial magistrate erred in awarding interest at 18% instead of the 15% prayed for by the respondent.

Orders

  • Appeal dismissed.
  • Lower court's decision upheld.
  • Appellant's bank accounts at Centenary Bank, Moroto Branch (Numbers 6320400050, 3100061350, and 3203330191) unfrozen.
  • UGX 22,000,000 ordered to be transferred to respondent's bank account Number 3201123614 at Centenary Bank, Moroto Branch in the names of Lolem Daniel.
  • Costs awarded to the respondent in both the High Court and the lower court.

Rules and key headnotes

Contract Law — Formation of Contract — Elements of Valid Contract
A contract is an agreement made with the free consent of parties with capacity to contract, for a lawful consideration and with a lawful object, with the intention to be legally bound. A contract may be oral or written or partly oral and partly written or may be implied from the conduct of the parties.
Evidence — Expert Evidence — Weight and Admissibility
Expert evidence is advisory in nature and meant to guide the court. Where expert evidence from a government analytical laboratory establishes the authenticity of questioned documents by comparing them with specimen documents, such evidence may be relied upon to establish the existence of a contract.
Civil Procedure — Interest — Discretion of Court
Where interest is not agreed by the parties, the court has discretion under section 26(2) of the Civil Procedure Act to award interest at such rate as the court deems reasonable on the principal sum adjudged from the date of filing the suit to the date of judgment and further interest from the date of judgment until payment in full is made.
Civil Procedure — Appeals — Duty of First Appellate Court
It is the duty of a first appellate court to independently re-evaluate the entire record of evidence to determine whether the decision of the trial court was supported by evidence and law and to determine whether any miscarriage of justice occurred, while bearing in mind that it did not have the opportunity to observe the demeanour of witnesses.

Legislation cited (5)

Cases cited (13)

  • Fredrick Zaabwe v Orient Bank & 5 Others (Supreme Court Civil Appeal No. 4 of 2006)
  • Kakonge v Bitarabeiho (High Court Civil Suit No. 755 of 1992)
  • Iwa Richard Okeny v Obol George Okot (High Court Miscellaneous Application No. 063 of 2012)
  • Uganda Development Bank Ltd v Aba Trade International Ltd and 3 Others (High Court Miscellaneous Application No. 567 of 2010)
  • Sheik Mawanda Addu Jabber Iddris and Another v Kobil Uganda Ltd (High Court Civil Suit No. 350 of 2013)
  • Attorney General v Florence Baliraine (High Court Civil Appeal No. 79 of 2003)
  • Greenboat Entertainment Ltd v City Council of Kampala (High Court Civil Appeal No. 580 of 2003)
  • Twogyeire Peter v Muhumuza Peter (High Court Civil Appeal No. 33 of 2017)
  • Behange v School Outfitters (U) Ltd (2000) 1 EA 20
  • Barclays Bank of Uganda Limited v Howard Bakojja (High Court Civil Suit No. 53 of 2011)
  • Nakawa Trading Co. Ltd v Coffee Marketing Board (High Court Civil Suit No. 137 of 1991)
  • Bank of Uganda v Kabuye (Supreme Court Civil Appeal No. 6 of 2020)
  • Mohammed Saru T/A Moonlight Transporters and Contractors v Jinja Central Division Council and Another (High Court Civil Suit No. 223 of 2009)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Board Of Governors Of Daniel Comboni Polytechnic v Sebi Kitzito (HIGH COURT CIVIL APPEAL NUMBER 001 OF 2025) [2026] UGHC 385 (19 March 2026)
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.