Wakilii

Kala Minerals Development Ltd v Universal Avia (Civil Suit No. 757 of 2015)

High Court · [2015] UGCOMMC 289 · 2015 Consent Order AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of contract resolved by consent
Decision
Defendant to surrender two helicopters to plaintiff in full settlement; plaintiff to have no further claims

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Parties consented to judgment declaring defendant liable for USD 600,000 advanced by plaintiff under aircraft repair financing contract dated 22 March 2014. Court ordered defendant to surrender two Mi-8-T helicopters stationed at Entebbe Airport to plaintiff in full settlement of claim.

Outcome

Defendant to surrender two helicopters to plaintiff in full settlement; plaintiff to have no further claims

Facts

Plaintiff advanced USD 600,000 to defendant under contract dated 22 March 2014 to finance repair of two Mi-8-T helicopters. The helicopters were stationed at Entebbe Airport. Defendant failed to repay the sum by the due date of 20 July 2014, constituting breach of contract. Parties agreed to settle the matter by consent, with defendant surrendering the two helicopters to plaintiff in lieu of monetary repayment.

Orders

  • Declared that the defendant owes the plaintiff USD 600,000 being money advanced under contract dated 22/03/2014 to finance repair of defendant's helicopters.
  • Declared that defendant's failure to pay USD 600,000 on or before 20/07/2014 constituted breach of contract.
  • Ordered that defendant surrender two helicopters (Mi-8-T, Registration UR-24165, Serial No. 98941935 and Mi-8-T, Registration UR-24218, Serial No. 98730395) to plaintiff in full and final settlement.
  • Defendant to handover helicopters upon or soon after execution of consent judgment.
  • Plaintiff to have no further claims against defendant upon receipt of the helicopters.
  • Plaintiff responsible for settling parking and storage charges at Entebbe Airport.
  • Each party to meet its own costs.

Full judgment

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

Kala Minerals Development Ltd v Universal Avia (Civil Suit No. 757 of 2015) [2015] UGCommC 289 (1 December 2015)
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.