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Jie Mei International Limited v Acacia Foundation Limited (Civil Suit No. 1020 of 2024)

High Court · [2026] UGCOMMC 282 · 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 for goods transportation services
Decision
Judgment entered for the Plaintiff with declaration of breach, payment of USD 30,000, interest at 18% per annum from date of filing suit, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the Plaintiff performed the transportation contract through a subcontractor, Nice Star International Limited, and that the Defendant breached the contract by failing to pay USD 30,000 within 14 days of delivery. Performance may be discharged through agents or subcontractors unless the contract expressly requires personal performance. The Defendant's acceptance of the goods without protest triggered the payment obligation.

Outcome

Judgment entered for the Plaintiff with declaration of breach, payment of USD 30,000, interest at 18% per annum from date of filing suit, and costs

Facts

On 14 June 2024, the Plaintiff and Defendant entered into a contract for transportation of 10×20 foot containers from Mombasa Port, Kenya to Kampala, Uganda for USD 30,000. Between 29 June and 11 July 2024, the goods were delivered to the Defendant under bill of lading No. NKAB40083100. The Defendant had a separate prior contract with Nice Star International Limited for transportation from Uganda to China. The Defendant received the goods and acknowledged delivery but refused to pay, claiming Nice Star International Limited, not the Plaintiff, performed the services. The Defendant also claimed Nice Star owed it over USD 30,000 for lost goods under the separate contract. The Plaintiff issued invoices but payment was not made despite the contractual 14-day payment term.

Issues

  1. Whether the Plaintiff performed the contract between the parties?
  2. Whether the Defendant breached the contract?
  3. What remedies are available to the parties?

Orders

  • It is hereby declared that the Defendant breached the contract between the parties.
  • The Defendant shall pay the Plaintiff USD 30,000 (United States Dollars Thirty Thousand Only) arising out of breach of the contract for transportation services between the parties.
  • Interest is hereby awarded on the sum in (2) above at a rate of 18% per annum from the date of filing this suit until payment in full.
  • Costs of the suit are awarded to the Plaintiff.

Rules and key headnotes

Contract Law — Performance — Subcontracting and Agency
A contracting party may perform its contractual obligations through an agent or subcontractor unless the contract expressly requires personal performance, and performance is judged by the outcome and benefit received, not by the identity of the party who physically executed the work.
Contract Law — Performance — Acceptance and Ratification
Where a party accepts and retains the benefit of contractual performance without protest or rejection at the time of delivery, that party cannot later deny liability on the basis of procedural irregularities or the identity of the performing entity, as acceptance of performance with knowledge of material facts constitutes ratification.
Contract Law — Breach — Failure to Pay After Performance
Where a contract provides for payment within a specified period after delivery and the goods are delivered and accepted, the obligation to pay arises upon delivery and crystallizes upon expiry of the payment period, and failure to pay constitutes breach of contract regardless of disputes arising from separate contracts with third parties.
Evidence — Burden of Proof — Standard of Proof in Civil Cases
In civil proceedings, the party seeking judgment on any legal right or liability that depends on the existence of facts which he or she asserts must prove that those facts exist on the balance of probabilities.
Contract Law — Framework Contracts — Call-Off Orders
Where parties execute a framework contract whose performance is to be triggered by call-off orders, the provision of requisite documentation such as a bill of lading to enable performance constitutes an instruction to perform and triggers the contractual obligations.

Legislation cited (10)

Cases cited (15)

  • Oriental Insurance Brokers Limited v Transocean (U) Limited (Supreme Court Civil Appeal No. 55 of 1995)
  • Planche Vs Colburn (1831) 8 Bing 14
  • Hoenig Vs Isaacs [1952] 2 All ER 176
  • Angella Katatumba v the Anti-Corruption Coalition of Uganda (Civil Suit No. 307 of 2011)
  • John Bwiza v Patrick Yowasi Kadama (Court of Appeal Civil Appeal No. 35 of 2011)
  • Sharif Osman v Haji Haruna Mulangwa (Supreme Court Civil Appeal No. 38 of 1995)
  • William Kasozi v DFCU Bank Ltd (High Court Civil Suit No. 1326 of 2000)
  • Omega Bank Plc Vs O.B.C Limited [2005] 8 NWLR (pt.928) 547
  • Fina Bank Ltd Vs Spares and Industries Ltd [2000] 1 EA 52
  • United Building Services Ltd v Yafesi Muzira t/a Quickest Builders & Co (High Court Civil Suit No. 154 of 2005)
  • Meridiana Africa Airlines (U) Ltd v Avmax Spares (EA) Ltd (High Court Civil Suit No. 111 of 2017)
  • Milly Masembe v Sugar Corporation (U) Ltd and Another (Supreme Court Civil Appeal No. 1 of 2000)
  • Wallersteiner Vs Moir [1975] 1 All ER 849
  • Mohanlal Kakubhai Radia v Warid Telecom Uganda Ltd (High Court Civil Suit No. 224 of 2011)
  • Uganda Development Bank Vs Muganga Construction Co. Ltd [1981] H.C.B 35

Full judgment

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

Jie Mei International Limited v Acacia Foundation Limited (Civil Suit No. 1020 of 2024) [2026] UGCommC 282 (12 June 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.