Wakilii

Kyebakola Sam v The Arab Contractors Osman Armed Osman & Co (Civil Suit No. 567 of 2003)

High Court · [2005] UGCOMMC 4 · 2005 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 heard ex parte
Decision
Judgment entered in favour of the plaintiff with damages and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that a contractor's unilateral attempt to vary sub-contract terms after execution, followed by termination when the sub-contractor refused to accept the variation, constituted repudiatory breach. The plaintiff sub-contractor was awarded general damages of UGX 1,500,000 to compensate for inconvenience caused by the abrupt termination, recognising the disruption to the plaintiff's planned work schedule and the need to return to the job market.

Outcome

Judgment entered in favour of the plaintiff with damages and costs

Facts

In August 2003, the plaintiff entered into a sub-contract with the defendant to plaster the floor of a building at Plot 24B Nakasero Road for an agreed sum covering labour but excluding materials. After one week, when the plaintiff claimed payment, the defendant paid but deducted material costs contrary to the original agreement. The defendant then sent a letter requiring the plaintiff to acknowledge that he had misunderstood the sub-contract terms and accept a change, but the plaintiff refused. On 29 August 2003, the defendant terminated the sub-contract, claiming the plaintiff had refused their offer. The defendant made final payment with further deductions for materials.

Issues

  1. Whether the defendant breached the agreement in question.
  2. Whether the plaintiff was entitled to the remedies he prayed Court to grant him.

Orders

  • The defendant will pay the plaintiff the sum of shillings 1,500,000 as general damages for breach of contract.
  • The above sum of money will carry interest at Court rate from the date of judgment till payment in full.
  • The defendant will also bear the costs of the suit.

Rules and key headnotes

Contract Law — Breach — Repudiatory Breach — Unilateral Variation of Terms
A party's attempt to unilaterally vary the terms of a contract after execution, followed by termination when the other party refuses to accept the variation, constitutes a repudiatory breach of contract.
Contract Law — Termination — Unjustified Termination
Termination of a contract based on the other party's refusal to accept a unilateral variation of agreed terms is neither fair nor justified and amounts to repudiation.
Damages & Quantum — General Damages — Assessment — Breach of Sub-contract
In assessing general damages for breach of a sub-contract, the court will compensate the aggrieved party for inconvenience suffered, including disruption to planned work and the need to return to the job market to seek alternative employment.

Full judgment

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

Kyebakola Sam v The Arab Contractors Osman Armed Osman & Co (Civil Suit No. 567 of 2003) [2005] UGCommC 4 (27 February 2005)
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.