Wakilii

Bumenze v National Crime Preventers Forum (Civil Suit No. 877 of 2017)

High Court · [2021] UGCOMMC 28 · 2021 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of contract with default judgment entered for failure to file defense
Decision
Judgment entered for the plaintiff with damages and interest awarded

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court entered default judgment for the plaintiff supplier after the defendant failed to file a defense. The court found the defendant liable for the outstanding balance of UGX 85,000,000 as special damages for food supplies delivered but not paid for. General damages of UGX 20,000,000 were awarded for the plaintiff's loss of her house, which she sold to clear a loan taken to procure the supplies. Interest was awarded at 23% per annum on special damages from the date of default and 6% per annum on general damages from judgment.

Outcome

Judgment entered for the plaintiff with damages and interest awarded

Facts

In 2016, the plaintiff, a businesswoman dealing in produce, was approached by the defendant to supply food to Uganda Police under a contract the defendant claimed to have secured. The plaintiff supplied food stuffs worth UGX 247,273,000 between March and July 2016. The defendant made partial payments totaling UGX 142,273,000, leaving a balance of UGX 105,000,000, which the defendant acknowledged in writing on 5 June 2017. In October 2017, the defendant paid an additional UGX 20,000,000, leaving UGX 85,000,000 outstanding. The plaintiff had taken a loan to procure the supplies and was forced to sell her house to clear the loan due to the defendant's non-payment. The defendant failed to file a defense despite being served by substituted service.

Issues

  1. Whether the Plaintiff is entitled to any damages, and if so what is the quantum.
  2. What remedies are available to the Plaintiff.

Orders

  • Judgment entered for the Plaintiff against the Defendant.
  • Special damages of UGX 85,000,000 awarded.
  • General damages of UGX 20,000,000 awarded.
  • Interest on special damages at 23% per annum from 20 August 2016 till payment in full.
  • Interest on general damages at 6% per annum from date of judgment till payment in full.
  • Costs of the suit awarded to the Plaintiff.

Rules and key headnotes

Civil Procedure — Default Judgment — Failure to File Defense
Where a defendant fails to file a written statement of defense within the time specified by Order 8 Rule 1(2) of the Civil Procedure Rules, the plaintiff is entitled to apply for default judgment under Order 9 rule 6 of the Civil Procedure Rules.
Damages & Quantum — Special Damages — Proof Required
Special damages must not only be specifically pleaded but must be strictly proved by the party claiming them.
Damages & Quantum — General Damages — Restitutio in Integrum
General damages are awarded to fulfill the common law remedy of restitutio in integrum, which means that the plaintiff must be restored as nearly as possible to the position he or she would have been in had the breach complained of not occurred. General damages are compensatory in nature and are to make good to the aggrieved party as far as money can do for the losses suffered as the natural result of the wrong done.
Damages & Quantum — Interest — Court's Discretion
An award of interest is at the court's discretion. Where a defendant has kept the plaintiff out of use of money in a commercial transaction involving borrowed funds, interest must be assessed with commercial considerations in mind.
Damages & Quantum — Interest — Date from Which Interest Runs
Interest on special damages runs from the date of default, being one month from the date when the last supplies or services were rendered. Interest on general damages runs from the date of judgment until payment in full.

Legislation cited (2)

Cases cited (5)

  • Oketha Dafala Valente v Attorney General (Civil Suit No. 69 of 2004)
  • Dharamshi v Karsam (1974) EA 41
  • Okello James v Attorney General (HCCS No. 574)
  • Uganda Revenue Authority v Stephen Mabosi (SCCA No. 16 of 1995)
  • Mukisa Biscuits Manufacturing Company v West End Distributors Limited (No. 2) [1970] EA

Full judgment

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

Bumenze v National Crime Preventers Forum (Civil Suit No. 877 of 2017) [2021] UGCommC 28 (27 July 2021)
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.