Katasi Lilian Sherinah t a Four Star Agencies v Nation Media Group Limited (Civil Suit No. 0166 of 2021)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court held that while there were a series of contracts between the parties for commission-based advertising services, there was no express or implied exclusive or permanent contract granting the plaintiff sole authority to bring business from UNRA to the defendant. The defendant retained the right to engage other parties or procure advertisements directly. The plaintiff failed to establish unjust enrichment as she could not prove she introduced UNRA to the defendant, and no outstanding commissions were owed. The suit was dismissed with costs to the defendant.
Outcome
Suit dismissed with costs to the Defendant
Facts
The plaintiff, trading as Four Star Agencies, claimed she and her late mother had worked as advertising agents for the defendant since 2005, securing clients including UNRA and earning commission. After her mother's death in 2014, the plaintiff continued the relationship. In 2020, the defendant assigned the UNRA account to another agent, Ms. Atuheire Dorothy, without notice to the plaintiff. The plaintiff alleged fraud, breach of contract, and unjust enrichment. The defendant denied having any contract with the plaintiff, asserting it maintained full control over account assignments and that the plaintiff's mother's business relationships could not automatically transfer to the plaintiff without specific contractual agreement. The defendant's witness testified that no agent held permanent accounts, that UNRA had dealt with the defendant's predecessor entities before the plaintiff's involvement, and that all commissions owed to the plaintiff had been paid in full as of May 2021.
Issues
- Whether there is a contract between the Plaintiff and the Defendant
- What are the available remedies to the parties?
Orders
- Suit dismissed.
- Costs awarded to the Defendant.
Rules and key headnotes
Legislation cited (2)
Cases cited (2)
- Green Boat Entertainment Limited v Kampala City Council (Civil Suit No. 0580 of 2003)
- Cloth Link (U) Ltd v Africa Traders Investments Fund Ltd & Anor (Civil Suit No. 234 of 2010)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.