Wakilii

Burengye Keith v Fipro Uganda Limited and Another [2026] UGCOMMC 246

High Court · 2026 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 and unjust enrichment. Defendants did not enter appearance; default judgment entered and matter set down for formal proof.
Decision
Judgment entered in favour of the plaintiff with orders for payment of principal sum, exemplary damages, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the defendants breached three investment contracts by failing to deliver promised profits and issuing dishonoured cheques totalling UGX 65,000,000. The defendants were jointly and severally liable for the full sum. The court awarded exemplary damages of UGX 5,000,000 for the defendants' deliberate conduct in obtaining monies under false promises and issuing invalid cheques, causing inconvenience and economic loss to the plaintiff.

Outcome

Judgment entered in favour of the plaintiff with orders for payment of principal sum, exemplary damages, and costs

Facts

The plaintiff entered into three investment agreements with the defendants between April and July 2023, advancing a total of UGX 60,000,000 (UGX 25,000,000, UGX 15,000,000, and UGX 20,000,000). The 2nd defendant, as managing director of the 1st defendant company, represented that the company had secured purchase orders from Uganda AIDS Commission and BIPAI and would deliver profits to the plaintiff. In consideration, the 2nd defendant issued multiple post-dated cheques totalling UGX 65,000,000 (inclusive of promised profit). All cheques were dishonoured upon presentation—either returned unpaid or treated as invalid. Despite multiple demands, the defendants failed to honour the cheques or refund the invested sums. The defendants did not enter appearance and default judgment was entered.

Issues

  1. Whether the defendants breached the contracts signed with the plaintiff
  2. Whether the defendants are indebted to the plaintiff
  3. What are the remedies available to the parties?

Orders

  • The defendants jointly and severally breached the investment contracts signed with the plaintiff.
  • The defendants are jointly and severally ordered to pay the plaintiff UGX 65,000,000.
  • The plaintiff is awarded exemplary damages of UGX 5,000,000 for the inconvenience and economic loss occasioned by the defendants' actions.
  • The plaintiff is awarded costs of the suit.

Rules and key headnotes

Breach of Contract — Definition and Elements
Breach of contract is the breaking of the obligation which a contract imposes, which confers a right of action for damages on the injured party. When one party to a contract fails to perform their obligation or performs it in a way that does not correspond with the agreement, the guilty party is in breach and the innocent party is entitled to a remedy.
Investment Agreements — Failure to Deliver Promised Returns
Where a party enters into investment agreements promising specific returns, receives investment funds, and issues cheques representing both principal and profit but those cheques are dishonoured and the party fails to refund the invested sums, that party is in breach of the investment contracts.
Exemplary Damages — Dishonoured Cheques and Deliberate Conduct
Exemplary damages are properly awarded where a defendant deliberately obtains monies from a plaintiff while promising profits they do not remit, and issues cheques that are found invalid and dishonoured, thereby occasioning great inconvenience and loss to the plaintiff who has been kept out of the use of their money.
Exemplary Damages — Grounds for Award
Exemplary damages may be awarded where: (a) there has been oppressive, arbitrary or unconstitutional action by servants of government; (b) the defendant's actions were calculated to make profit; or (c) some law authorises the award of exemplary damages.

Cases cited (2)

  • Ronald Kasibante v Shell Uganda Ltd (Civil Suit No. 542 of 2006)
  • Rookes v Barnard [1964] All ER 347

Full judgment

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

Burengye Keith v Fipro Uganda Limited and Another 2026 UGCommC 246 (30 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.