Wakilii

Lowi Roadways Co. Limited v Madi Co-operative Union Limited (Civil Suit 452 of 1993)

High Court · [1994] UGHC 86 · 1994 Claim Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of contract. Defendant failed to enter appearance. Interlocutory judgment entered under Order 9 Rule 6. Proceeding set down for formal proof.
Decision
Plaintiff's claim dismissed for failure to prove entitlement at formal proof stage despite interlocutory judgment

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the plaintiff's claim for breach of contract despite entry of interlocutory judgment. The court held that even after default judgment, the plaintiff bears the burden of proving the claim at the formal proof stage. The plaintiff failed to adduce sufficient evidence of the quantity, quality, and value of cotton allegedly supplied, providing only generalised testimony without supporting documentation such as delivery notes or statements of account. The court further held that special damages for transport and subsistence incurred pursuing a debt cannot be recovered absent proof of the underlying debt.

Outcome

Plaintiff's claim dismissed for failure to prove entitlement at formal proof stage despite interlocutory judgment

Facts

In January 1992, the defendant's Secretary Manager invited the plaintiff to purchase cotton from farmers in Madi and supply it to the defendant cooperative union. The plaintiff obtained a Cotton Buyers Licence from the Ministry of Co-operatives and Marketing. Between 9 February 1992 and 19 June 1992, the plaintiff claimed to have delivered cotton worth more than shs. 48 million to the defendant. The plaintiff alleged that a balance of shs. 4,705,560/= remained unpaid for the cotton, commission, and transport. The plaintiff further claimed to have spent shs. 1,242,000/= on transport and subsistence between July 1992 and April 1993 travelling between Kampala and Adjumani to demand payment. The defendant was served with summons and plaint but did not enter appearance. An interlocutory judgment was entered by the Registrar on 23 July 1993, and the suit proceeded to formal proof.

Issues

  1. Whether the plaintiff proved the sum of shs. 4,705,560/= was due from the defendant for cotton supplied.
  2. Whether the plaintiff was entitled to special damages of shs. 1,242,000/= for transport and subsistence costs incurred pursuing payment.

Orders

  • Plaintiff's claim dismissed.
  • No order as to costs as the defendant did not appear.

Rules and key headnotes

Civil Procedure — Default Judgment — Burden of Proof at Formal Proof Stage
Where an interlocutory judgment is entered against a defendant who fails to enter appearance, the plaintiff must at the formal proof stage adduce sufficient evidence to establish the claim, notwithstanding the defendant's default.
Evidence — Documentary Evidence — Failure to Produce Supporting Records
A plaintiff claiming a debt for goods supplied must produce documentary evidence such as delivery notes, statements of account, or company records showing the transactions. Generalised oral testimony without supporting documentation is insufficient to establish the quantum of a debt.
Contract Law — Breach of Contract — Proof of Debt for Goods Supplied
To establish a claim for the balance due on goods supplied, the plaintiff must prove the quantity and quality of goods delivered and the agreed price. Failure to establish these essential elements results in dismissal of the claim.
Damages & Quantum — Special Damages — Recovery of Costs Incurred Pursuing Payment
Special damages for transport and subsistence costs incurred by a creditor attempting to recover a debt cannot be awarded where the plaintiff has failed to establish that the underlying debt exists.

Legislation cited (1)

  • Civil Procedure Rules O.9 r.6

Full judgment

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Lowi Roadways Co. Limited v Madi Co-operative Union Limited (Civil Suit 452 of 1993) [1994] UGHC 86 (20 October 1994)
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.