Wakilii

Kiyemba David v Edris Ramathan and Another (Civil Suit 74 of 2023)

High Court · [2024] UGCOMMC 460 · 2024 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Assessment of damages following interlocutory judgment for breach of contract
Decision
Judgment entered for the Plaintiff against the Defendants for contractual balance, special damages, general damages, interest, and costs

Observed later treatment

Cited — treatment unverified cited in 2 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

No adverse treatment recorded Cited 2 times with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Where defendants breached a vehicle hire contract by failing to pay the monthly hire charges and returning the vehicle in a dilapidated state, the court assessed damages comprising the unpaid balance of the contractual sum (UGX 26,500,000), special damages for proven repair costs (UGX 14,680,000), and general damages for inconvenience and loss of business (UGX 20,000,000), with interest at 6% per annum from judgment until full payment.

Outcome

Judgment entered for the Plaintiff against the Defendants for contractual balance, special damages, general damages, interest, and costs

Facts

On 20 July 2022, the Plaintiff and Defendants entered into a contract for hire of a vehicle (Trailer UBJ 147R Mitsubishi Fuso Box Body) at UGX 7,000,000 per month for the first three months and UGX 8,000,000 per month thereafter. The Defendants took possession and used the vehicle for three months and three weeks but only paid UGX 1,100,000 of the contractual sum. On 9 November 2022, the Defendants informed the Plaintiff that the vehicle was at Mutundwe parking lot. The Plaintiff found the vehicle in a dilapidated state with worn, torn, and deflated tyres, broken springs, corroded batteries, visible leakages, and other damage requiring substantial repairs. The Defendants failed to file a defence. Interlocutory judgment was granted on 7 March 2023 and the suit proceeded to formal proof.

Issues

  1. What is the quantum of damages payable by the defendants following breach of a vehicle hire contract?

Orders

  • The Defendants pay the Plaintiff UGX 26,500,000 (Twenty-six million five hundred thousand shillings only) being the balance of the contractual sum.
  • The Defendants pay the Plaintiff UGX 14,680,000 as special damages for the cost of repairs.
  • The Defendants pay the Plaintiff UGX 20,000,000 as general damages.
  • Interest on the sums in (a), (b) and (c) above at the rate of 6% per annum from the date of judgment until payment in full.
  • Costs of the suit awarded to the Plaintiff.

Rules and key headnotes

Civil Procedure — Interlocutory Judgment — Effect on Subsequent Proceedings
Where an interlocutory judgment has been entered in favour of the plaintiff, the question of liability of the defendant is no longer in issue and the only matter for determination is the assessment of the quantum of damages.
Damages & Quantum — Special Damages — Proof Required
Special damages must be specifically pleaded and strictly proved. Where a plaintiff claims the cost of repairs as special damages, mere evidence of damage is insufficient; the plaintiff must adduce documentary proof (such as receipts or invoices) showing that the expenditure was actually incurred.
Contract Law — Breach of Contract — General Damages
A party who suffers breach of contract is entitled to general damages for substantial physical inconvenience, discomfort, and economic loss arising as the direct, natural, or probable consequence of the breach. The purpose of such damages is to restore the aggrieved party to the position they would have been in had the wrong not occurred.
Damages & Quantum — Interest on Decretal Sums — Rate Determination
In determining a just and reasonable rate of interest on decretal sums, courts take into account the ever-rising inflation and drastic depreciation of the currency. A plaintiff is entitled to such rate of interest as would not neglect the prevailing economic value of money but at the same time insulate him or her against further economic vagaries, inflation, and depreciation in the event that the money awarded is not promptly paid when it falls due.

Legislation cited (3)

Cases cited (8)

  • Hajji Asumani Mutekanga v Equator Growers (U) Ltd (Supreme Court Civil Appeal No. 7 of 1995)
  • W.M Kyambadde v Mpigi District Administration [1984] HCB
  • Ronald Kasibante v Shell Uganda Ltd (High Court Civil Suit No. 54 of 2006)
  • Robbialac Paints (u)Ltd v KB Construction Limited [1976] HCB 45
  • Hadley v Baxendale (1854) 9 Exch 341
  • Robert Cuossens v Attorney General (Supreme Court Civil Appeal No. 8 of 1999)
  • Uganda Commercial Bank vs Kigozi [2002] EA 305 at 313
  • Kinyera v Management Committee of Laroo Building Primary School (High Court Civil Suit No. 099 of 2013)

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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

Kiyemba David v Edris Ramathan and Another (Civil Suit 74 of 2023) [2024] UGCommC 460 (12 July 2024)
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.