Wakilii

Kkingo Parents Transporters Co. Ltd v Karungi Elizabeth (Civil Suit 20 of 2022)

High Court · [2025] UGHC 197 · 2025 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, proceeding ex-parte following defendant's failure to file defence
Decision
Judgment entered in favour of the Plaintiff with monetary awards and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the defendant breached a sale and purchase agreement for four buses by failing to pay the outstanding balance of UGX 552,000,000 according to the agreed payment schedule. The plaintiff was awarded the outstanding balance, general damages of UGX 50,000,000, special damages of UGX 42,058,460, interest at 18% per annum from the date of filing until full payment, and costs. The court found that the defendant's failure to respond to demand notices and non-participation in proceedings raised a presumption in favour of the plaintiff's claims.

Outcome

Judgment entered in favour of the Plaintiff with monetary awards and costs

Facts

The plaintiff company sold four buses to the defendant for UGX 1,250,000,000 under a written agreement dated 6 October 2021. The defendant paid a deposit of UGX 600,000,000 and agreed to pay the balance of UGX 650,000,000 through monthly instalments of UGX 28,000,000 starting 28 October 2021. The defendant made only partial payments totalling UGX 98,000,000 outside the agreed schedule, leaving an outstanding balance of UGX 552,000,000. The plaintiff issued demand notices on 9 and 30 November 2021, which the defendant ignored. The defendant failed to file a defence or appear at the hearing despite proper service, including personal telephone contact by the trial judge. The plaintiff claimed to have incurred special damages including insurance costs, tax obligations, auditors' fees, and loan interest penalties totalling UGX 42,058,460.

Issues

  1. Whether there was a breach of contract by the Defendant.
  2. What remedies, if any, are available to the Plaintiff?

Orders

  • A declaration that the Defendant is in breach of the sale and purchase agreement dated 6th October 2021.
  • The Defendant shall pay the Plaintiff UGX 552,000,000 as the outstanding balance.
  • The Plaintiff is awarded UGX 50,000,000 as general damages.
  • The Plaintiff is awarded UGX 42,058,460 as special damages.
  • Interest at 18% per annum on the principal sum of UGX 552,000,000 from 20th March 2022 until payment in full.
  • The Plaintiff is awarded the costs of this suit.

Rules and key headnotes

Contract Law — Breach of Contract — Elements of Proof
A valid contract requires free consent, capacity to contract, lawful consideration, a lawful object, and an intention to be legally bound. Breach occurs when a party fails to fulfill its obligations under the contract, and the plaintiff must prove the existence of the contract, its breach, and resulting loss on a balance of probabilities.
Civil Procedure — Ex-Parte Proceedings — Burden of Proof
In ex-parte proceedings following an interlocutory judgment, the defendant's liability is presumed and the focus shifts to assessing the quantum of damages. However, the plaintiff retains the burden to prove each element of the claim on a balance of probabilities, including the existence of a contract, its breach, and the resulting loss.
Civil Procedure — Ex-Parte Proceedings — Presumption from Non-Participation
A defendant's failure to file a defence or participate in proceedings raises a presumption that the plaintiff's claims are true, but does not relieve the plaintiff of the burden to prove their case.
Damages & Quantum — Interest — Discretion and Rate
The court has discretion under Section 26(2) of the Civil Procedure Act to award interest to compensate a plaintiff for being deprived of their monies. Interest reflects the economic value of money and inflation, and the rate must be just and reasonable considering prevailing economic conditions and judicial precedent.
Damages & Quantum — General Damages — Assessment
General damages aim to restore the plaintiff to their pre-breach position and are awarded at the court's discretion. The assessment must be proportionate to the value of the subject matter and the economic inconvenience suffered.
Damages & Quantum — Special Damages — Pleading and Proof
Special damages must be specifically pleaded and strictly proved. Documentary evidence supporting claims for insurance costs, tax obligations, professional fees, and loan penalties satisfies the threshold of strict proof where the nexus to the breach is established.

Legislation cited (7)

Cases cited (11)

  • Ewadra Emmanuel v Spencon Services Ltd (High Court Civil Suit No. 0022 of 2015)
  • Smith v Auto Electrical Services Ltd [1951] 24 KLR 22
  • Greenboat Entertainment Ltd v City Council of Kampala (High Court Civil Suit No. 0580 of 2003)
  • Nakana Trading Co. Ltd v Coffee Marketing Board (Civil Suit No. 137 of 1991)
  • United Building Services Ltd v Yafesi Muzira T/A Quickset Builders (High Court Civil Suit No. 154 of 2005)
  • Hadley v Baxendale [1854] 9 Exch 341
  • Premchandra Shenoi v Maximov Oleg Petrovich (Supreme Court Civil Appeal No. 9 of 2003)
  • Kinyera v Management Committee of Laroo Building Primary School (High Court Civil Suit No. 099 of 2013)
  • Kibimba Rice Ltd v Umar Salim (Supreme Court Civil Appeal No. 17 of 1992)
  • Borham-Carter v Hyde Park Hotel [1948] 64 TLR
  • Masaka Municipal Council v Semogerere [1998-2000] HCB 23

Full judgment

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

Kkingo Parents Transporters Co. Ltd v Karungi Elizabeth (Civil Suit 20 of 2022) [2025] UGHC 197 (16 April 2025)
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.