Wakilii

Fred Bakasemba v Sam Engola (Civil Suit 375 of 1999)

High Court · [2002] UGCOMMC 23 · 2002 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
Decision
Judgment for plaintiff with damages and costs awarded

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

In a breach of contract claim arising from the sale of a motor vehicle and motorcycles, the court resolved a dispute over the agreed purchase price by accepting the plaintiff's testimony where the defendant's evidence was contradictory. The court held that where a party's evidence regarding contractual terms and payments is internally inconsistent and contains material discrepancies, it will be rejected in favour of consistent testimony. The plaintiff was awarded the outstanding balance, general damages for inconvenience including missed business opportunities, and interest on both amounts.

Outcome

Judgment for plaintiff with damages and costs awarded

Facts

The plaintiff, a businessman, imported a used motor vehicle and used motorcycles into Uganda in 1998. Needing money to travel to Japan for a work camp, he sold the vehicle and six motorcycles to the defendant, another businessman. The parties disputed the agreed price: the plaintiff claimed UGX 11 million for the vehicle and UGX 6 million for six motorcycles (total UGX 17 million), while the defendant contended the price was UGX 8 million for the vehicle and UGX 700,000 per motorcycle. The defendant made partial payments totalling UGX 8.5 million, including an initial payment of UGX 2.5 million and later a cheque for UGX 7.13 million which was dishonoured. The plaintiff delivered the items to the defendant's home but retained the logbooks. The defendant avoided further payment despite repeated demands, causing the plaintiff to miss the Japan opportunity and suffer business disruption.

Issues

  1. What was the agreed purchase price between the parties?
  2. What were the payment terms?
  3. What is the total payment and how much is the balance owing, if any?
  4. What remedies are available to the Plaintiff?

Orders

  • Judgment entered for the Plaintiff against the Defendant.
  • UGX 8,500,000 awarded as outstanding balance.
  • UGX 1,500,000 awarded as general damages.
  • Interest on the outstanding balance at 20% per annum from date of filing until payment in full.
  • Interest on general damages at court rate from date of judgment until payment in full.
  • Costs of the suit awarded to the Plaintiff.

Rules and key headnotes

Evidence — Credibility of Witnesses — Contradictory Testimony
Where a party's testimony contains internal contradictions and material discrepancies that cannot be satisfactorily explained, the court will reject that evidence and accept the testimony of a witness who testifies consistently without contradictions.
Contract Law — Oral Contracts — Proof of Terms
In oral contracts, the agreed terms must be established through the testimony of the parties, and where evidence conflicts, the court will determine the contract price based on the credibility and consistency of the witnesses.
Contract Law — Breach of Contract — Payment Obligations
Where a buyer fails to pay the agreed purchase price after delivery of goods despite repeated demands, this constitutes a breach of contract entitling the seller to recover the outstanding balance.
Damages & Quantum — General Damages — Breach of Contract
General damages for breach of contract may be awarded to compensate a plaintiff for inconveniences suffered, including wasted time pursuing payment, missed business opportunities, and disruption to business, where these losses arise naturally from the breach.
Commercial Law — Commercial Transactions — Interest
Interest on outstanding amounts in commercial transactions will be awarded at commercial rates from the date of filing suit until payment in full.

Full judgment

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

Fred Bakasemba v Sam Engola (Civil Suit 375 of 1999) [2002] UGCommC 23 (29 January 2002)
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.