Wakilii

Kinyera v The Management Committee of Laroo Boarding Primary School (Civil Suit No. 99 of 2013)

High Court · [2014] UGCOMMC 195 · 2014 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 following default judgment on liability
Decision
Plaintiff awarded outstanding balance, special damages, general damages, interest, and costs following default judgment and formal proof of damages.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held: plaintiff entitled to outstanding balance of UGX 53,606,200 for goods supplied and acknowledged, special damages of UGX 500,000 for transport costs, and general damages of UGX 20,000,000 for breach causing business loss and house sale. Interest awarded at 25% per annum on special damages and unpaid goods from suit filing, and 6% per annum on general damages from judgment, to cushion against currency depreciation. Costs to plaintiff as successful party.

Outcome

Plaintiff awarded outstanding balance, special damages, general damages, interest, and costs following default judgment and formal proof of damages.

Facts

Plaintiff, trading as Aero-Nyero Produce Processing Works, contracted in 2012 to supply food, firewood, and related goods on credit to Laroo Boarding Primary School. Plaintiff supplied goods worth UGX 62,606,200 which the defendant acknowledged receiving. Defendant made part payment of UGX 9,024,000, leaving a balance of UGX 53,582,200 unpaid. Defendant failed to file defence after being served with summons. Registrar entered interlocutory default judgment on 20 January 2014 for UGX 54,106,200 (including transport costs). Matter set down for formal proof of damages. Plaintiff testified that non-payment forced him out of business, caused him to default on a DFCU Bank loan, and compelled him to sell his house in Gulu to pay off the loan.

Issues

  1. Whether the plaintiff formally proved the outstanding balance for goods supplied under the contract.
  2. Whether the plaintiff is entitled to special damages for transport costs incurred in pursuing payment.
  3. Whether the plaintiff is entitled to general damages for breach of contract.
  4. What rate of interest is just and reasonable in the circumstances.
  5. Whether the plaintiff is entitled to costs of the suit.

Orders

  • Judgment for the plaintiff for outstanding balance for unpaid supplied goods worth Uganda Shillings Fifty Three Million Six Hundred Six Thousand (Shs 53,606,200) payable with interest at the rate of 25% from the date of the cause of action until payment in full.
  • Payment of special damages of Uganda Shillings Five Hundred Thousand only (Shs 500,000) being transport costs incurred while seeking to get paid the unpaid contractual balance with interest at the rate of 25% from the date of the cause of action until payment in full.
  • General damages of Uganda Shillings Twenty Million Only (Shs 20,000,000) with interest at the rate of 6% from the date of judgment till payment in full.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Special Damages — Proof Requirements — Documentary Evidence Not Always Necessary
Special damages must be specifically pleaded and strictly proved, but need not be supported by documentary evidence in all cases where the court is satisfied on other credible evidence that the loss was incurred.
General Damages for Breach — Compensatory Principle
General damages for breach of contract are compensatory for the loss suffered and inconveniences caused to the aggrieved party, intended to place the aggrieved party in the same position as if the contract had been performed, and not a better position.
General Damages — Assessment — Court Discretion
General damages are awarded at the discretion of the court and are presumed to be the natural consequences of the defendant's act or omission. In assessing quantum, courts consider the value of the subject matter, the economic inconvenience suffered, and the nature and extent of the breach.
Interest on Awards — Rationale and Rate
Where parties have not agreed on interest, the court may award interest at a rate that is just and reasonable to compensate the plaintiff for being kept out of use of his money and to cushion the awarded amount against inflation and currency depreciation.
Costs — Successful Party Entitled Unless Good Reason
Costs are awarded at the discretion of the court and must follow the event unless for good reason the court directs otherwise. A successful party is entitled to costs in the absence of good reasons to deny such party costs.

Legislation cited (9)

Cases cited (14)

  • Andrew Tumusiime v Hajji Mulumba M. Kassim (High Court Civil Suit No. 578 of 2012)
  • Eladam Enterprises Ltd v S.G.S (U) Ltd & Others (Civil Appeal No. 20 of 2002)
  • W.M. Kyambadde versus Mpigi District Administration [1983] HCB 44
  • Ronald Kasibante versus Shell (U) Ltd (2008) HCB 163
  • Security Group Uganda Limited v Xerox Uganda Limited (High Court Civil Suit No. 572 of 2006)
  • Katakanya & Others v Raphael Bikongoro (High Court Civil Appeal No. 12 of 2010)
  • Mohanlal Kakubhai Radia v Warid Telecom Ltd (High Court Civil Suit No. 224 of 2011)
  • Uganda Revenue Authority v Stephen Mbosi (Supreme Court Civil Appeal No. 1 of 1996)
  • Liska Ltd. versus De Angelis [1969] E.A 6
  • National Pharmacy Ltd v. KCC [1979] HCB 256
  • Superior Construction & Engineering Ltd v Notay Engineering Ltd (High Court Civil Suit No. 24 of 1992)
  • Superior Construction and Engineering Ltd v Notay Engineering Industries Ltd (High Court Civil Suit No. 702 of 1989)
  • Jennifer Behingye & Others v School Outfitters (U) Ltd (Civil Appeal No. 53 of 1999)
  • Kiska Limited versus De Angelis [1969] EA 6

Full judgment

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

Kinyera v The Management Committee of Laroo Boarding Primary School (Civil Suit No. 99 of 2013) [2014] UGCommC 195 (16 May 2014)
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.